Sabotage In The Crime Of Sabotaging Production And Business Operation

In the process of the continuous development of science and technology,the production technology has been continuously improved,and the production and operation mode has undergone earth-shaking changes compared with the past.With the emergence of production and operation models,new ways of sabotaging production and operation have emerged one after another,and the means have become increasingly complex.At present,there has been a dilemma as to how to adapt the crime of sabotaging production and operation in judicial practice to the development trend of China’s economic and social reality.In order to help solve the problems in judicial practice,it is necessary to make a reasonable judgment on the sabotage of the crime of sabotage of production and operation.The main body of this paper is divided into four parts:The first part is the introduction.The author sorts out the crimes related to sabotage in my country’s Criminal Law,and summarizes the meaning of different categories.However,it is difficult to classify sabotage in the crime of sabotage of production and operation,which leads to the following:sabotage of this crime The behavior is explained in detail and concretely.The second part makes a general analysis of the sabotage of the crime of sabotage of production and operation.Clarify the connotation of sabotage,analyze the viewpoints of "physical damage theory" and "interference and nuisance theory" in theoretical circles,and explain that the three expansions of sabotage interpretation in judicial practice are due to the contradiction between practical necessity and the principle of statutory crime and punishment in criminal law,and should be interpreted from an objective perspective.from the perspective of overcoming its shortcomings and avoiding analogical explanations.Compared with other similar behaviors,sabotage can absorb many behaviors including sabotage.The extraterritorial obstructing business behavior is the closest to the sabotage behavior,but there is no need to add the crime of obstructing business.The third part is the specific interpretation of the destructive behavior.The criminal law clearly destroys machinery and equipment,and mutilates farm animals.It is no longer possible to summarize the behaviors in judicial practice."Other methods" as the bottom line need to be reasonably explained.In the Internet era,the rules of similar interpretation should be adopted in combination with the characteristics of the times.The more frequent and controversial identification of"other methods" clarifies the judicial status quo in a small way.Most of the acts of sabotage are actions,and in rare cases,they are carried out in the form of omissions.In this case,the perpetrator usually has duties or business requirements,or the first act creates an act of obligation.The fourth part examines the degree of sabotage,and defines the boundary between it and general illegal acts.The lower limit of sabotage can be determined by referring to the standard of formal criminal case filing,and the minimum standard of sabotage is clarified.The determination of serious circumstances should be considered in many aspects.