On The Desteructive Behavior Of Crime Of Deliberately Destroying Property

With the rapid development of economy and "Internet plus" era,the physical destruction of the traditional can not adapt to the new type of crime,which makes what has become the focus of judicial practice and scholars argue for "vandalism".Of course,the act of destruction is an important concept in the criminal law,and its status is increasingly prominent.It is also an important sign distinguishing from other property crimes.However,from the perspective of the legislation of various countries and the current situation of the theory of criminal law,the legislative provisions and concepts of destructive behavior vary widely.As far as China's legislation is concerned,it is only a simple description of the crime of intentional destruction of property.There is no uniform standard and scale.This will inevitably lead to the judicial personnel in the process of handling the case,due to the lack of perfect theory and standard guidance,and into the distinction between crime and non crime,this crime and the plight of other crimes,resulting in a number of difficult cases for a long time.This is not conducive to protecting the legitimate rights and interests of victims,but also affecting social harmony and stability.Therefore,from the provisions and research of the extraterritorial legislation on the destruction behavior,the essential attributes of the destruction behavior are deeply analyzed,and the structure of the destruction behavior is deeply analyzed on the basis of the completion of the definition of its concept.In particular,follow the following logic:First,the crime of intentional destruction of property is a destructive crime.The most intuitive characteristic of the crime is destruction.The premise of understanding the crime is to clearly define the concrete meaning of the intentional destruction of the property in the crime of property.From the stipulations of the domestic and foreign countries on the destruction behavior and the views advocated by the scholars of the criminal law academics of our country,this paper analyzes the characteristics of the destruction behavior and puts forward his own views,thus determining the specific meaning of the crime,and on this basis,to understand the behavior structure of the crime of intentional destruction of the property and put forward the intentional destruction of the money.The elements of behavior structure of crime include behavior and behavior.Secondly,the behavior of intentional destruction of property is divided into typical mode of destruction and atypical destruction.The typical destruction behavior is mainly the common physical destruction way,and the atypical destruction behavior mainly refers to other behavior ways except the traditional physical destruction.Again,clear the object of the act of destruction.The crime of intentional destruction of property is a property crime,and the legal interest violated is the ownership of public and private property."Public and private property" as a standard component,it is necessary to make a substantive interpretation of it,analyze its specific features,and clarify its specific meaning,and on this basis,define the scope of public and private property by enumerating the scope,thus providing a theoretical framework for judicial practice to combat the crime of destroying public and private property.Finally,it puts forward the theory of interpretative interpretative theory.Through the reflection on the empty revolution in the explanation of the crime of intentional destruction of property,the article is able to touch the essence of the theory of criminal law,that is,to grasp the limit of the limit of interpretation allowed by the principle of legality.Thus,the integration of formal interpretation theory and substantial interpretation theory is completed,and the theory of integrated interpretation is put forward.This helps to explain the crime of intentional destruction of property.