Identification of the crime of obstructing business operations and production:

(1) Causing public and private property losses of more than 5,000 yuan;

(2) Damaging production and business operations more than three times ;

(3) Gathering three or more people to openly disrupt production and operations;

(4) Other circumstances that undermine production and operations and should be investigated for criminal liability.

The crime of sabotaging production and operations refers to the act of destroying machinery and equipment, mutilating farm animals, or destroying production and operations in other ways for the purpose of venting anger, revenge or other personal purposes. The behavioral objects are production means, production tools, production objects, etc. related to production and operation. The damage must be to the machinery and equipment used in production. If the damage is to equipment in the warehouse that has not been put into use or has been abandoned, it does not constitute this crime, but it can constitute the crime of intentional destruction of property. Those who mutilate farm animals constitute this crime; those who mutilate meat animals generally constitute the crime of intentional destruction of property. Other methods refer to methods other than these two methods that are sufficient to prevent normal production and operation or render the already carried out production and operation ineffective. For example, cutting off the power supply and causing a power outage; tampering with design drawings, causing quality accidents; destroying seeds or seedlings; blocking sales channels; selling company products, stocks, bonds, etc. at extremely low prices. Those who use specific dangerous methods to destroy production and operations and endanger public safety will be punished with the crime of arson, explosion, etc. Those who destroy specific objects with the purpose of destroying production and operations and endangering public safety will be punished with the crime of damaging transportation vehicles and the crime of damaging electrical equipment.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 276 The crime of sabotaging production and operation is caused by venting anger, retaliation or other personal For the purpose of destroying machinery and equipment, mutilating farm animals, or damaging production and operations in other ways, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 276-1 The crime of refusing to pay labor remuneration is to avoid paying the labor remuneration to the worker by transferring property, escaping, etc. or to fail to pay the labor remuneration to the worker if he is able to pay, the amount If the amount is relatively large and fails to pay after being ordered to do so by the relevant government departments, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently with a fine. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. If the acts in the preceding two paragraphs have not yet caused serious consequences, the labor remuneration is paid before public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with the law, the punishment may be reduced or exempted.

Article 225: Crime of illegal business operations: Anyone who violates state regulations and commits any of the following illegal business activities, disrupts market order, and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal income or property shall be confiscated:

(1) Failure to do so shall Operating with permission, special items, monopoly items or other items with restricted sales as stipulated in laws and administrative regulations;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other items stipulated in laws and administrative regulations Business license or approval document;

(3) Illegal operation of securities, futures, and insurance business without approval from the relevant national competent authorities, or illegal fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.