Understanding and application of crime of sabotaging production and operation in internet era
| DOI | https://doi.org/10.1108/JFC-07-2020-0139 |
| Published date | 14 October 2020 |
| Date | 14 October 2020 |
| Pages | 85-97 |
| Subject Matter | Accounting & finance,Financial risk/company failure,Financial crime |
| Author | Huawei Wang |
Understanding and application of
crime of sabotaging production
and operation in internet era
Huawei Wang
Peking University Law School, Beijing, China
Abstract
Purpose –The purpose of this study is to investigate the understanding and application of crime of
sabotaging production and operation in internet era, and, at the same time, discuss the basic position for
criminallaw interpretation in cyberspace.
Design/methodology/approach –Doctrinalanalysis and case study.
Findings –Along with the advent of the internet era, how to apply the traditional crime of sabotaging
production and operation in virtual space has attracted people’s attention. The controversy caused by the
conviction of maliciousapplication of fake transactions is a typical example. The legal interestprotected here
includes not only the property value of the means of productionitself, but also the expectation interest that
can be obtained by normal production and operation activities. There is no reliable basis to believe that
overlap of articles betweenspecial provision and general laws occurs in crime of sabotagingproduction and
operation and crime of intentional damage of property. The production and operation activities carried out
online can also be covered by crimeof sabotaging production and operation, without doubt. EjusdemGeneris
Rule should be fully respected, but crime of sabotaging production and operation has a dual structure of
means behavior and purpose behavior,where the purpose behavior, sabotaging production and operation,is
the key to the conviction. However, it is not necessarily premised on physical damage and violent
characteristics. The understanding and application of traditionalcrimes should keep pace with the times in
the internetera, and we should not stick to a completely rigid subjective interpretation.
Originality/value –This study demonstrates thepossible application of crime of sabotaging production
and operationin cyberspace, and clarifies many misunderstandings about this crime.
Keywords Ejusdem Generis Rule, Internet era, Malicious application of fake transaction,
Production and operation, Sabotage
Paper type Research paper
Introduction
According to Article 276 of the Criminal Law of People’s Republic of China, crime of
sabotaging production and operation refers to the act of destroying machinery and
equipment, cruelly injuring or slaughtering draft animals, or using other means to sabotage
production and operation becauseof outrage or retaliation or other personal purposes. As a
traditional crime of sabotaging property, the facts of relevant cases are not complicated. In
the past, crime of sabotaging production and operation has not attracted too much legal
scholars’attention. However, with the advent of the internet era, the internet economy and
information industry have risen rapidly, and basic elements carried out in production and
operation activities have gradually become virtualized. At this point, how to determine the
controversy of sabotaging productionand operation in virtual space is highlighted, and the
case of malicious application of fake transactions that have occurred repeatedly in recent
This study was funded by National Social Science Foundation, 16ZDA061.
Crime of
sabotaging
production
85
Journalof Financial Crime
Vol.28 No. 1, 2021
pp. 85-97
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-07-2020-0139
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