Research On Crime Of Forced Transaction

Crime of forced transaction is a lately—increase imputation of Penal Code in 1997. Its purpose is to stick up for the order of market economy of social democracy, and perfect and protect the criminal legislation of market economy. In recent years, our country has practiced market economy, therefore, the phenomenon of forcing the others to provide to service or forcing the others to accept service have increased and the scope also gradually extensive day by day. In the past, this kind of behavior had been considered violating the crime of illegal speculation and profiteering and the crime of hooliganism. In 1997, the new Penal Code separated crime of illegal speculation and profiteering and the crime of hooliganism, and created a new imputation which was to enhance the restriction of the forced transaction and maintenance fair of market trade behavior called the crime of forced transaction. But the legal circumstances of crime of forced transaction of Penal Code in 1997 are not very detailed, and the statutory sentence is very simple and obviously lightly, so in the judicial practices the punishment hard to fit the crime. It is hard to operate, and decrease the degree of punishing crime seriously, also results in the disunity that everyplace enforces the law. In the theoretic area, the discussion and research of this crime are not very more, so there are several problems about this crime. To research the crime of forced transaction deeply and seriously and to perfect the criminal responsibility of this crime is very important to guide the judicial practice of our country and promote the enactment of our criminal law.This article which has about 40000 words has four chapters to research the crime of forced transaction systemically.Chapter One: The author introduces the regime of transaction law of our country systemically. This article bases on the conception of transaction and the attribute of the action of transaction, introduces the regulation about protecting the free of transaction and the development of the criminal legislation about the crime of forced transaction in the Civil Code and the economic law in our country, and intent to show the differences about the scope of the transaction existed widely in our daily life and transaction in the crime law in our country. The above introduce establishes the realistic basic about this article.Chapter Two: Based on the article 226 of Penal Code in 1997, the author discusses the characteristic of the constitution of the crime of forced transaction from several aspects, such as criminal object, objective aspect, subject of crime and subjective aspect and so on. Furthermore, the author is devoted to dissert the problem that is disputed widely in crime law academe and in judicial practice. Especially, the author brings the opinion about the connotation and extension of the merchandise, the service transaction, and about the expressional method of the action of violence and threat, which establishes the theoretic foundation for the discussion of the crime of forced transaction in the next content.Chapter Three: Based on the characteristic of the constitution of the crime of forced transaction, the author disserts in detail that the problems of division of the crime of forced transaction and legality, the division of this imputation and other imputation, the criminal pattern, one crime or plural crimes committed by one person, overlap of enactments, implicated offense, concurrent offense and so on. The author focus on the definition of the crime of forced transaction which is often confused by the definition of the crime of robbery, the crime of extortion, and the crime of stir up fights and cause trouble. Then this article abstracts and concludes its argument from this theory in order to bring benefit to guide the judicial practice.Chapter Four: Firstly, the author introduces several analogous regulations about the action of the forced transaction in the Penal Code of many countries and areas, and then points what is the root of the confusion of the definition of the crime of forced transaction and the academic dispute of this crime. The root rests with the legislation disfigurement of the crime of forced transaction in the Penal Code of our country. It is found expression in so many areas, such as the limited definition of the action of forced transaction, the connotation that is expressed narrowly and confusedly, and the constitution of the crime that include the serious circumstances of crime, which induce the conviction of this crime is so hard, the setting of the statutory sentence is singleness, and crucifixion is too light and the like. Combined with the characteristic of the foreign legislation and the practice of our country, the author finally brings much subjection about the perfect of the legislation of the crime of forced transaction, and reset the material articles of law.