Criminal Hermeneutics Study Of The Other Methods In Disrupting Production And Business Operation Crime

The case of Nanjing reverse speculation caused great controversy in the theory and practice circles about the crime of damaging production and business.The main focus of the controversy lies in the interpretation of the "other methods".There is a view that “other methods” should be interpreted as methods of physical damage to industrial and agricultural production materials;there is also a view that “other methods” should be interpreted as all methods that cause significant damage to production and business.Therefore,from the perspective of criminal law hermeneutics,this paper uses four basic criminal interpretation methods,and research on the related controversial issues of the crime of damaging production and business,then explore the basic interpretation method and path of "other methods”,and finally make the interpretation that accords with the objective purpose of criminal law.In the process of using several interpretation methods,we all use the path that first analyze the concept of the specific interpretation method and then interpret the interpretation rules and precautions in the application process,and then apply the above interpretation rules to the "other methods".So the path will not be described in detail in the following explanation of the interpretation of each interpretation method.First,a grammatical interpretation of "other methods." The grammatical interpretation of the "other methods" of damaging the crime of production and business is to explore the possible semantic scope of "destruction" and "production business".The term “destruction” should include not only the physical damage to the production and business materials,but also the disruption of the order of activities,the interference with computer programs,the Internet system,and the destruction of social relations;“production and business” includes production activities and business activities that reflect economic interests.Second,a systematic interpretation of "other methods." According to the same interpretation rules in the systematic interpretation,the same interpretation refers not only to the similarity of the behavior,but also to the same kind of legal infringement.According to the following traces of historical interpretation and analysis of the needs of objective purposes,it is more appropriate to understand the similarity of “other methods” as the similarity of legal infringement.Again,a historical interpretation of "other methods." According to the provisions of the old criminal law on the crime of damaging production and business,the legislative intent of “other methods” refers to the method of physically destroying industrial and agricultural production materials.However,in today's increasingly rich economic form,the destruction of traditional slash and burn production and business operations are clearly unable to meet the needs of basic social life.Finally,a historical interpretation of "other methods." The protection legel interests of the crime of damaging production and business should be the normal order of production and business and the ownership of public and private property.Then the "other methods" should be interpreted as the act of destroying the order of production and business and causing major damage to public and private property.This interpretation is consistent with the interpretation of the meaning of "destruction" and "production and business",in accordance with the rule of homogeneity in systematic interpretation,the nature of legal interest infringement is homogeneity,is also in line with the purpose of the criminal law to protect legal interests,and well respond to various types of disruptive production and business in the network environment.This is the most reasonable explanation.