The Discussion And Determination Of “Other Methods” For The Crime Of Destruction Of Production And Operation

The crime of destruction of production and operation is the last crime of property crime in Chapter 5 of our criminal law.However,in the judicial practice in recent years,the crime of destroying production and operation is more and more frequently applied,and presents the tendency of export bag crime.In today’s well-developed network and business boom,scholars believe that the crime of destruction of production and operation can no longer be satisfied with the real life,so they argue that the necessity of punishment as the core of the substantive interpretation of the "other methods of this crime" other methods of production and operation to carry out unlimited expansion.In judicial practice,because of the result-oriented thinking of the judicial organs,syllogism inverted reasoning and other wrong practices make this crime can contain almost all acts that cause harm to economic interests.In order to reasonably define the "other methods" for the crime of destruction of production and operation and to curb the tendency of pocket crime,this paper examines the current situation of judicial application from the point of view of specific cases,summarizes the respective views of the position of formal interpretation and the position of substantive interpretation in the interpretation of "other methods" and reflects on its advantages and disadvantages,and considers that the form interpretation is more reasonable and more in accordance with the principle of statutory crime.Finally,it is proposed that the type of enumeration should be refined when applying the same interpretation rule to interpret "other methods ",and that the " other methods " of the crime should be reasonably identified by insisting on the idea of first enumerating items and then summarizing items,first form and then substance.