Study Of The Criminal Regulation On The Conduct Of Disrupting Business

The conduct of disrupting business impairs the normal operation of business activities and is especially unfavorable to the long-term healthy development of social economy.But with the development of network information society,to the detriment of the business behavior patterns also presents the trend of diversification,especially on the business through the computer Internet nuisance tend to lead to more serious degree of harmful consequences,is wider,has the necessity of criminal punishment,however,the qualitative disrupt business difficulties.In view of this,the current judicial practice usually achieves the regulation of the conduct of obstruction of business by expanding the existing penalty scope of crime.However,such a regulation path often meets the demand of the protection of legal interests,ignores the requirement of the principle of legality of crime and punishment,goes beyond the applicable scope of crime and falls into the dilemma of analogy application.At the same time,there is a big theoretical dispute in the academic circle about how to solve the dilemma caused by the regulation of nuisance in practice.Another part of scholars advocate introducing and adding "nuisance crime" to regulate nuisance behavior by referring to foreign legislation.As a matter of fact,some traditional criminal law clauses are lagging behind in today's rapid development of social information network,which is not enough to carry out the punishment for most of the new nuisance business behaviors.In order to regulate various forms of obstruction of business and protect the legal interests of business comprehensively,it is a feasible way to learn from the experience of foreign criminal law and combine with the reality of our country to add the crime of obstruction of business with the typed constitutive elements.