Legal analysis
The object of the crime of intentionally destroying property is the ownership of public and private property. The object of crime can be various forms of public and private property, including means of production, means of subsistence, movable property, real estate and so on. However, if the actor intentionally destroys some specific property and endangers other object elements, it should be handled in accordance with relevant regulations. Objectively, this crime is manifested as the act of destroying or damaging public and private property, which is relatively large or has other serious circumstances. The subject of the crime of intentionally destroying property is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Subjectively, this crime is intentional, and the purpose of the crime is not to illegally obtain property but to destroy it. This is the fundamental difference between the crime of destroying property and other corruption crimes. Intentionally hurting other people's property, resulting in property losses of more than 5,000 yuan, is suspected of intentional destruction of property. Whether destroying other people's property constitutes a crime should be determined according to the specific circumstances. The standard for filing a case is to cause losses of public and private property of more than 5,000 yuan. According to the relevant laws and regulations, those who steal, cheat, plunder, snatch, extort or intentionally damage public or private property shall be detained for more than five days and less than ten days, and may also be fined up to 500 yuan. If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan. At the same time, compensation for economic losses should be awarded according to the situation.
legal ground
Article 275 of the Criminal Law of People's Republic of China (PRC), whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.