Judicial Determination Of The Crime Of Intentional Destruction Of Property

The crime of intentional destruction of property,as a crime against property,has been stipulated in the most severe criminal law,mainly because of the variety of its behavior and the harmfulness of society.Therefore,China's "criminal law" 275 th stipulates: "the deliberate destruction of public or private property,large amount or other serious circumstances,three years imprisonment,criminal detention or fines;a huge amount or other especially serious circumstances,in the three years to seven years imprisonment." This article provides for intentional destruction of property behavior is relatively perfect,but in the judicial practice of the crime of intentional damage behavior,and destroy the connotation and the object is not clearly defined,leading to the judicial practice between crime and non crime,this crime and other crimes are hard to distinguish,if do not solve these problems,in the judicial practice too much destruction into the category of criminal law,rely on experience in handling cases of case handling,not only have a clear violation of the spirit of criminal law and criminal law against.This paper will adhere to the physical damage as the basis,starting from the constituent elements of this crime and the actual case,the use of legal fiction to construct the intentional damage type of behavior system and the legal punishment of reconstruction,solve the provisions of the criminal law of rigid,lag and blank legal embarrassment in judicial practice,to ensure the justice of the case for the maintenance of law the realization of authority,crime and punishment equilibrium.This article in the hope that the relevant theoretical analysis of intentional destruction of property crimes,through the method of literature research,the domestic and foreign comparison method combined with the problems in judicial practice,the crime of the subject,subjective,object and objective aspects of theoretical research,the combination of Chinese and foreign for intentional destruction of property crimes,the in-depth study of the "act of destruction" large amount or other serious circumstances,special act of destruction as well as crime etc..