论破坏生产经营罪

Production and operation of the crime of destruction

破坏生产经营罪属于侵犯财产犯罪,其主观方面为故意,且具有泄愤报复或其他个人目的。破坏集体生产罪与破坏生产经营罪彰显的是新旧刑法罪名的改变和法定刑期及体系归属的调整。破坏生产经营罪的犯罪主体是一般主体,其客体是正常的生产经营活动。司法实践中,应注意区分罪与非罪,把握该罪与自然事故、一般事故的区别。

Production and operation of the crime of destruction Crimes belong to against property, Its Subjective aspects is deliberate , and has to vent anger or other personal purposes of retaliation. The crime of destruction of the collective production and Production and operation of the crime of destruction shows that in the old and the new Criminal Code charge of change and attribution of Sentence period and adjustment system. Production and operation of the crime of de- struction of the main crime is generally the main, Its object is the normal production and business activities. Judicial practice, we should pay attention to the distinction between Crime and Non - crime, and grasp the nature of the crime and accidents, the difference between the general accident.