Understanding and application of crime of sabotaging production and operation in internet era

Huawei Wang

Journal of Financial Crime, 2020, vol. 28, issue 1, 85-97

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 criminal law interpretation in cyberspace. Design/methodology/approach - Doctrinal analysis 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 malicious application of fake transactions is a typical example. The legal interest protected here includes not only the property value of the means of production itself, 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 between special provision and general laws occurs in crime of sabotaging production and operation and crime of intentional damage of property. The production and operation activities carried out online can also be covered by crime of sabotaging production and operation, without doubt. Ejusdem Generis 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 traditional crimes should keep pace with the times in the internet era, and we should not stick to a completely rigid subjective interpretation. Originality/value - This study demonstrates the possible application of crime of sabotaging production and operation in cyberspace, and clarifies many misunderstandings about this crime.

Keywords: Ejusdem Generis Rule; Internet era; Malicious application of fake transaction; Production and operation; Sabotage (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-07-2020-0139

DOI: 10.1108/JFC-07-2020-0139

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