In retaliation for the destruction of fellow car brakes, destruction of other vehicles, what crime?
Two, the constitution of crime (1) object element, the object of this crime is traffic safety. Damage to the means of transport not only poses a serious threat to the railway, highway, water and air safety transportation, but also seriously endangers the national economic construction and national defense construction, and endangers the safety of the lives and property of the masses. The object of this crime is limited to the law, which should be broadly explained, including tractors used for transportation. But tractors that destroy farming do not endanger the safety of transportation, and do not constitute this crime. Constitutes a crime, shall be punished for the crime of intentional destruction of property. As the object of this crime, the means of transport are not only specific, but also in use, including the running and delivery, the use of stop and standby vehicles. Only by destroying such vehicles can it endanger the safety of transportation. Destruction is making or repairing, has not yet delivered transportation, usually will not give public security threat, the circumstances are serious, shall be punished for the crime of intentional destruction of property.
(two) the objective elements of the crime objective aspect is the implementation of train cars, trams, and damaged ships, aircraft driving system, braking system, brake system, and the damage caused by ship sailing dangerous, it may have the practical possibility and danger. Some destruction, the vehicle body showed depression, broken windows, peeling paint, look from the surface of the body covered all over with cuts and bruises, but does not affect the performance good, safe operation, and thus does not constitute the crime of sabotaging means of transportation. Some destructive behavior, from the performance point of view, the body intact, but the key parts of its damaged and disassembled, enough to cause traffic overturned, destroyed danger, constitutes a crime of sabotaging vehicles. Therefore, the determination of the extent of damage to traffic instruments should not be based on the magnitude of the value of the damage caused by the vehicle itself, but should be based on the possibility of overturning or damaging the vehicle. Some vandalism may only remove one screw. Or a vehicle that has been scrapped or manufactured but has not yet been delivered. Because can not constitute a threat to public safety, therefore, does not constitute the crime of sabotaging means of transportation, and should be punished for the crime of intentional destruction of property. However, if the person responsible for the repair of the vehicle, intentionally damaged in the repair, or hidden dangers, will be damaged or have not been repaired, the use of transport vehicles, it constitutes a crime of sabotaging vehicles. 2, depends on the destruction of methods and parts. Generally speaking, only the use of fire, explosion and other dangerous methods, important parts of the device or otherwise destroy vehicles, enough to cause serious consequences, the ship sank, the aircraft turned the car down, to constitute the crime.
The crime of sabotaging means of transportation, the concept of the crime of sabotaging means of transportation (article 116th of the criminal law, the first paragraph of article 119th), refers to the deliberate destruction of the train, car, cars, ships, aircraft, train, car, enough to make cars, ships or aircraft in danger of overturning or being destroyed, acts of endangering public security. This is a crime of endangering public security by using the means of transportation as a specific object of destruction.
