Research On Several Problems Of Crime Of Forced Transaction

Crime of forced transaction is a new accusation appeared in the 1997 Criminal Code whose purpose is to protect the order of socialist market economy.As our country has put market economy into practice,the phenomena of forced transaction have increased and the scope becomes more and more extensive.1997 Criminal Code Amendments made the action of forced transaction as a separated accusation,the purposes of which are to crackdown this action and protect market transactions operate in a fair and orderly condition.These years, there were many theories about the crime of forced transaction,however,these theories were not exhaustive or systematic,and have divergences.These divergences also bring controversies when identify the nature of the relevant cases with forced transaction in practice. The case analyzed in this thesis is a typical one,which is about hiring someone to entice the cyber-friend to consumption and then extort him.The thesis is composed of five parts.In the first part the author give a brief recommend on the case about hiring someone to entice the cyber-friend to consumption and extort him, and the different comments on this case.In the second part,the author makes an analysis on the four conditions which consist crime of forced transaction and get the crime conditions of forced transaction in this case. This part focuses on the object elements and the objective elements of the crime forced transaction.The author considers that the object element of this accusation is complex.Its main object element is the voluntary and fairly order of the market,the secondary object element is the personal right of people,and the Property rights is only a random object element.The means of this accusation includes violence behavior and threat behavior.The object of violence behavior is the people whom been force to make transaction.The violence degree should been restrict in flesh wound,and the threat behavior should make some mental compulsory on the object.The purpose of this accusation is the action of transaction and whether there is a real trading depends on the goods(or service) and the corresponding prices these two factors.The target of force transaction is goods or services.Goods refer to the exchangeable labor products,including goods for daily use,means of production and power, intellectual property,etc.Service is the legal activities provided to meet the needs of others. Contraband goods,commercial secrets,important technical achievements and illegal service are not the objet of the forced transactions.But the unqualified commodities and the virtual property can be the objects of forced transactions."Gravity of the circumstances" as a comprehensive concept and its determination should consider from many aspects such as deal size,frequency and participants.The criminal subject of this accusation is the ordinary subject, including natural person and unit.Its subjective element is direct intention,but does not need to seek the illegal economic interests.In the third part,the author defines the related crimes,discusses the differences between the robbery and force transactions,and the differences with crime of extortion.Then make a conclusion that the criminal in this case is not according to robbery and extortion.In the fourth part,the author summarizes the forced transaction joint crime includes two subjects with the capability of criminal responsibility and intent to carry out forced transactions.And the author analyses whether the bar waitress,the woman in the bar and the other related person constitutes accomplice.In the fifth part,the author expound on the legislation defects of forced transaction,the defects can be summarized as single width of statutory sentence,have no reference standard in the judge of "gravity of the circumstances";In the end of the paper the author introduces crime of forced transaction in Russian federal criminal code,the Penal law of Norway and Tang Code of our country,then draw lessons from the experiences oversea and historical experiences made two legislation proposals to improve this accusation.