Analysis Of Forced Transaction Confirmation

Forced Transaction Criminal Code of 1997, new charges, this crime was established to safeguard the socialist market economic order, improve and protect the socialist economic order. With the implementation of market economy in China, there have been some dominate the market, hard sell of the phenomenon, disrupted the normal trade order. Amended in 1997, before the new Criminal Code, such acts of aggravated crimes often are based on speculation or dealing with hooliganism, but the 97 Criminal Code amendments abolished the crime of speculation and hooliganism, specially set up to combat such violations of forced trading crime. However, the provisions of the Criminal Code of the presentation too brief summary of the crime, and the theorists of this crime is not a lot, leading to the crime of forced transactions occur in the process of recognition of some controversy. This article take the case of Zhengzhou "expensive haircut"which has caused widespread concern for example, the crime of forced trade disputes arising in the process identified for analysis.This article consists of three parts,the first part of Zhengzhou "expensive haircut" the basic case and the court case hearing of the case conducted a brief introduction, and a variety of controversial views on the reasons for a brief elaboration.The second part of the case for a variety of controversial views with a detailed analysis, the first analysis of the view that the case constitutes a crime of forced trading, from the object of the crime of forced transactions, the objective, the subject of crime and so subjective analysis and demonstration, and obtained with the merits of the case consistent with elements of the crime of forced transactions; followed by analysis of the second view, that is the case constitutes a robbery, the crime from the robbery and forced transactions constitute the crime of all aspects of a comparative analysis; secondary analysis of the third view that constitute extortion case, constitute the crime from extortion and forced all aspects of the crime were compared transactions; Finally, the fourth case, the perpetrator of the view that fraud constitutes a brief analysis. The third part of the process identified for the case is apt to cause debate, combined with our current criminal law, of criminal law provisions of forced trading Crime defects and improve the existing problems for Forced Transaction Legislative Proposals.