Destruction Of Production Anc Business Crimetes

With the transformation of China’s economic structure and economic model,the production and business model has changed,and the crime of destroying production and operation as a traditional crime not only applies to the traditional production and management fields of agriculture and industry,but also applies to the new production and business model,and network crimes are increasing,new behaviors and means of destroying production and operations have been continuously enriched.Nowadays,in the judicial practice,the crime of destroying production and operation is applicable to the social reality.There is a predicament.In order to solve the dilemma in judicial practice,it is necessary to make a reasonable judgment on the crime of destroying the crime of production and management.The economic interests,and the "other ways"to undermine the rational interpretation of production operations,have become urgent practical issues.First of all,the act of destroying the crime of production and operation includes two parts:destruction behavior and production and management.The behavior of evaluating crime-based behavior needs to clearly destroy the meaning of the destruction behavior of production and operation crimes,and there is the possibility of discussion,mainly from the principles of criminal law in our country.The destructive behavior in China and the criminal law in Taiwan and the similar provisions in the Japanese criminal law are two aspects.At the same time,the concrete meaning of the crime of production and operation and the meaning of the destructive behavior are clearly defined to determine the specific meaning of this crime.At the same time,it clarifies three ways of committing the crime:destroying behavior,mutilating behavior,and other methods of destroying production and management.Secondly,three types of behaviors,namely the destruction of the behavior of production,crimes of destruction,and other methods,were identified.The determination of the destructive behavior adopts the theory of utility infringement to explain it,and then judge the concrete meaning;from the point of view of agricultural production and management activities,it identifies the behavior of the detriment;the determination of other methods must adhere to the objective position of the interpretation explanation,the interpretation of the formality and the substantive interpretation of the form.Reasonable interpretation principles and interpretation methods of the same kind of interpretation rules are used to classify other methods from bad reviews,the use of violence,coercion to undermine the production and management of others,the use of deception to subvert the production and management of others,and the use of computer technology to disrupt production operations.analysis.Finally,clearly define the behavior of the crime of destruction of production and operation.The subject of this crime is machinery and equipment,farm animals,and other objects.The identification of other objects should include producers,production materials,and production objects,and be identified within the scope of production and business operations.With the rapid development of Internet information technology,cyberspace has provided conditions for new types of crimes to become an important area of criminal regulation.The forms of production and operation are various.Taking the electronic service platform and virtual data as a new type of behavior object is of great significance in combating new types of crimes and satisfying the need to destroy the judicial practice of production and business crimes.