What are the main elements of the crime of undermining production and operation?
1, the object elements of the crime of destroying production and business operations, and the object of infringement is normal production and business operations. As long as it belongs to production and operation, no matter what nature it belongs to, it can constitute the crime of undermining production and operation;
2. The objective elements of the crime of undermining production and operation. The crime of sabotaging production and operation is objectively manifested as the act of sabotaging machinery and equipment, hurting farm animals or sabotaging production and operation by other means;
3. The main elements of the crime of undermining production and operation, and the subject of the crime of undermining production and operation is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of undermining production and operation;
4. Subjective elements of the crime of disrupting production and operation. Subjectively, the crime of sabotaging production and operation is direct and intentional, with the purpose of venting anger and revenge or other personal purposes.
Legal basis: Article 276 of the Criminal Law of People's Republic of China (PRC).
Crime of sabotaging production and business operation: whoever destroys machinery and equipment, mutilates livestock or sabotages production and business operation by other means out of anger, revenge or other personal purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Twenty-third "People's Republic of China (PRC) public security management punishment law"
One of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
(5) disturbing the election order conducted according to law.
Whoever gathers people to commit the acts mentioned in the preceding paragraph shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan.