A Study On The Objective Aspect Of Forced Transaction Crime

According to the article 226 of Criminal law stipulates,Forced Transaction Crime refers to the act of severely using violence or menace methods to sell or buy goods and compelling others to provide or receiving service. Version from the expression of the crime indictment, the object of this crime was composed of means behavior and purpose behavior,i.e, violence, menace and deal.In terms of means behavior, the violence refers to illegal use physical force on purpose. On the degree, it limits to slight wound. The menace refers to presented as mudslinging, damage property and so on, and there is no restriction on its degree, and it only needs to achieve to the degree that bring the victim into fear then implement transaction.In terms of purpose behavior, transaction refers to sign and performance the contract of bilateral obligation, paid, non personal which accord with contract law. Meanwhile, the forced transaction in this crime must possess characteristics as follow: firstly, it must be enforced transaction; secondly, it must be illegal transaction; thirdly, it must be marketability transaction; fourthly, the consideration of the transaction can be reasonable or unreasonable, but it can't be "the transaction of symbolic"; fifthly, the criminal doers can join the deal as a part or not. On the concrete forms, forced transaction means to sell or buy goods and provide or receiving service with violence or menace.The Criminal law stipulates, only on the case that behavior is severe, the Forced Transaction Crime is established. Concretely speaking, the "severe case" mainly includes repeated forced transaction, the seriously violence and menace transaction, the large trade volume, and so on.