Research On The Knotty Issues Of The Crime Of Destroying Production And Operation

At this stage,the development of market economy has long gone beyond the general industrial and agricultural production,and its extension extends more to production activities and business activities in many fields,such as circulation,exchange and distribution.Especially in recent years,China's urbanization ratio has been rising year by year,the establishment of market economy system,from the destruction of collective production crime of the crime of destroying production and operation should be accelerated by the expansion of justice to adapt to objective changes.Under the current social development background,if the production and operation is continued to be limited to the farming era and the early stage of industrialization,then it will inevitably lead to great distress in the application of the law,while ignoring the destructive behavior in the emerging economic form,affecting the authority and seriousness of the law.Judging from the current situation of judicial practice,the crime of production and operation does exist in one way or another,so it is necessary to make a reasonable explanation around more and more non-traditional acts of sabotage.Based on this situation,this paper tries to make a comprehensive analysis of some difficult problems in the judicial practice of destroying the crime of production and operation from the relevant research results,combined with case analysis,in order to form some reasonable suggestions with practical application value.This paper analyzes and demonstrates the problems existing in the crime of destroying production and operation in turn,and puts forward some superficial opinions: first of all,starting from the legal benefits of destroying the crime of production and operation,synthesizes the similarities and differences in the views of normal order,property ownership and dual legal benefits,It is concluded that the legal benefits of the crime should in fact be the economic benefits inherent in the normal process of production and operation activities.The second part,starting from the content of the original provisions,combined with the legal benefit analysis of this crime,makes an expansionary study on the behavior object of the crime of destroying production and operation under the new background of the Times.The third part,after fully clarifying the actual content of the legal benefit of the crime,through the use of chart data tracking,drawing on international experience,domestic case analysis and other ways,the destruction of the crime of production and operation of the behavior of the method of classification research,and focus on making clear that "other methods" are not limited to the use of destruction of property in the way This paper adds a comparative analysis between the crime and the rest of the types of crimes,and makes a brief description of the crime pattern of this crime.In the Part IV,the subjective elements of the crime are analyzed,and it is pointed out that the perspective of the interpretation of the object of purpose should be replaced by the perspective of motivation.Last,based on the predicament of destroying the crime of production and operation under the traditional viewpoint,puts forward that the provisions of the crime should be improved from the legislative point of view,so that it has a more modern sense and the protection function of the legal benefit to the greatest extent.