Liberation Of Official Crime Research

In recent years, many cases suspected of obstructing public business, and is on the rise. This and our country is in a period of social transformation, various social contradictions are prominent. And the emergence of these contradictions, and then bring crime phenomenon, such as obstructing public business, severely disrupted the social order of our country, is not conducive to the construction of a harmonious socialist society. Obstructing public business object of the crime violation is a state of society the right of public administration, and staff members of state organs, such as people's personal and property. But China's "criminal law" the regulation is not perfect, the cognizance of obstructing public business in the judicial practice there are many problems. This is not conducive to establish national office working personnel engaged in the management of the country's public affairs of the executive authority, is not conducive to solve the social contradictions, not conducive to building a harmonious socialist society, is more likely to cause the infringement of citizens' rights. This article through to several typical cases in the judicial practice in recent years led to China's "criminal law" the 277th of obstructing public business rules, and then put forward some legislative Suggestions to perfect the obstructing public business.This paper is divided into four parts.The first part describes the past two years through the judicial practice of the three typical cases, it leads to the three cases in question the focus of controversy, and further analysis of the difficulties identified three cases in the judicial practice in the present.The second part, according to the theory of the traditional four elements crime constitution theory, a detailed analysis, discusses the crime of obstructing public business constitutive requirements.The third part, through the use of criminal law theory analysis of three cases in question were analyzed and discussed the focus of controversy, concluded three cases the defendant could constitute the crime of obstruction of official business.Section IV summarizes the provisions of lack of obstruction of official crime in our country, "Criminal Law" Article 277, put forward the corresponding recommendations to improve the legislation.