Research On Crime Of Forced Transaction

Crime of forced transaction , as a new criminal offence , is added to the 1997 criminal law in order to safeguard and protect the market economy order of Chinese socialism.This article is divided into three chapters . In the first chapter , the author makes an introduction to the crime of forced transaction and summarizes the legal system , especially the criminal system protecting the freedom of transaction . At the same time , the author makes further comparative on the legislative activities about such a crime in ours and foreign countries .The second chapter is concerned about the constitutive elements of the crime of forced transaction including the object , subject , objective elements and subjective elements of such a crime . The author makes further research on the controversies in judicial practices and criminal theory and presents his own opinions about these questions .In the third chapter , the author makes an introduction to the determination of the crime of forced transaction on the base of four constitutive elements of such a crime , which includes the constitution and non-constitution of such a crime and the difference between forced transaction act and similar offence such as the crime of robbery . crime of extortion , crime of illegal business operations , crime of willful and malicious injury and crime of picking quarrels and proking troubles . This chapter also covers the theory of determination of one crime and plural crimes concerning the establishment of forced transaction offence , such as the overlap of enactments applied to the crime of forced transaction and the theory of implicated offence . In the end , the determination of legal persons committing the crime of forced transaction and accomplishment, unaccomplishment of such a crime are also discussed .