Research On "Forced Transaction" In "Mafia-Style-Related" Cases

By generalizing and analyzing some cases'materials which involved mafia-style organization in Chongqing, we found that these groups are almost characterized by grab economic interest from different fields more and more obviously. Among them, these cases are more or less involved gain a vast profit through forced transaction, in order to use the business conceal the evil force, or use the evil force to expand their business, especially in the industries that related closely our daily life, such as pig slaughtering,construction,decoration,transportation and by-products market. If we couldn't crack down on those operators'proof of arrogance effectively, or keep within limits the atmosphere of this"be forced to take or give", the black evil force will turned out to be bigger and stronger , leading to the very serious crime of mafia-style organization finally. So how to fight against those crimes effectively and to establish the police-based control theories, becomes one very important ways of solving this issue. Because crime of forced transaction was been ruled very deficient by the 1997 Criminal Code, such as: incrimination of the crime is difficult and the sentence is too low, resulting the incompatibility among crime, responsibility and punishment, this accusation is easily confused with other crimes it creates difficulties for the judicial adjudication. This situation directly brings a lot of troubles when our judicial authorities bring the crimes of mafia-style organization to trial. This predicament not only influence the quality and efficiency of handling such cases, but also produce law enforcement disunity, as a result, there are massive differences in our judicial authorities'determination on those trials. In addition the theoretical lack of high attention on the forced transaction in the crimes of mafia-style organization. So from an empirical point of view, combining the eighth amendment of the Criminal Law related and the advanced legislative experience of the other countries', it's very necessary to have a comprehensive analysis on the crime of forced transaction. This paper consists of four parts and the main contents are as follows:The first part, this paper gives a brief classification analysis of the typical cases which involved mafia-style organization in Chongqing, then we will get there are three main cognizance differences of the forced transactions in the judicial practice. They are, some deal it as general violations of Civil Law, some deal it as a crime, and some deal the forced not to transactions from an opposite way.The second part, aiming at theorists, judicial circles exist different views on this problem, on the basis of introduction of the theories of crime of forced transaction in domestic and overseas, the author proposes a theoretical analysis about the crime of forced transaction , which will be the theoretical basis of the further analysis.The third part, issues that why there are so many cognizance differences of the forced transactions in the judicial practice. And first put forward views on the criteria for recognition sin or not-sin of the forced transactions, On the basis of the analysis of those crimes'materials, we discuss the cognizance differences of the forced transactions in the judicial practice and the cognizance differences of forced not to transactions in the judicial practice.The fourth part, after analysis the eighth amendment of the Criminal Law, which give a very important amend on the crime of forced transaction. Combing with the characteristics of the forced transactions which appeared from the cases of Chongqing, the author will put forward her own legislative ideas of how to solve the cognizance problems and the judicial ideas of how to crack down on those crimes.