Legal analysis
This crime is objectively manifested as the act of destroying machinery and equipment, injuring farm animals or destroying production and operation in other ways. Other methods are varied, such as cutting off power supply, destroying boilers and water supply pipelines, reversing cold and hot supply procedures, destroying computers, causing confusion in production command and process flow, thus affecting industrial production, destroying agricultural machinery, irrigation and drainage equipment, farm tools, and destroying seeds, seedlings, crops, fruit trees, fry, etc. Destroy agricultural production; Destroy transportation and storage tools, affect business operations, and so on. As for its way, it can be manifested as positive actions, such as beating, smashing and looting, or as negative inaction, such as knowing that there is a fault and not excluding it. However, no matter what methods and means, the objects to be destroyed must be directly related to the production and operation activities, and the production tools, production processes and production objects used for production and operation will be destroyed. If it is the act of destroying machinery and equipment that are idle or stored in warehouses, harvesting grain and fruits that are not used for processing and production, and slaughtering carnivorous livestock that have lost their livestock service, it cannot constitute this crime because it is not directly related to production and business activities. If it constitutes a crime, it shall be convicted and punished for other crimes, such as the crime of intentionally destroying property. The crime of disrupting production order will cause great losses to the interests of others. Generally speaking, as long as they meet the criminal standards stipulated by the state, they will be punished by criminal provisions. Generally, the lighter will be sentenced to less than three years, and the lighter will be sentenced to seven years in prison. So different cases will have different punishments.
legal ground
Article 276 of the Criminal Law of People's Republic of China (PRC) * * * Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals or sabotages production and operation by other means 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. Article 276-1 Whoever evades payment of laborers' remuneration by transferring property or escaping. Or refuses to pay the laborer's labor remuneration after being ordered by the relevant government departments, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.