A Study On The Legal Issues On Mr Lei's The Forced Trading Case

With the market tradings become more frequent and the phenomena of illegal forced purchases and sales have been uncommon, which has made a serious impact on the stability of a social market economy. The formulation and enforcement of the crime of forced trading provides a necessary legal basis on fighting against the crime, safeguarding market order and keeping people's personal property safe. However, as the crime is one of the newly fulfilled offenses of the criminal law, legislative provisions for the crime is relatively simple, what's more, there is no relevant judicial interpretations to refer to, which caused great troubles to the judicial practice, including a waste of judicial resources, or laxity in law enforcement. Theorists pay less attention to the crime, of which a number of issues still exist in the argument, With the help of the relevant theories, the author analyzes briefly about the forced trading problems from the case analysis in the paper.This paper consists of three parts and the main contents are as follows:The first part gives a brief introduction of the basic content of the case and sets out the relevant legal issues involved in this case.The second part proposes a theoretical analysis about the relevant issues combining with the case. And put forward views on the handling of the case. Some people think that property rights should not be included in the crime, and others think that should be included. When the Court takes the view that there is no violation of property rights in dealing with the case. The author puts forward his own view on this. I think property rights have been violated. units can be the subjects of the crime Forced Transaction Terms defined in Article 2. But in the unit has not been punished in the case. The author discusses the theory on forced trading crime with the case. In the degree of "violence" in implementation and serious injuries or more results caused, and How convict and sentence the author puts forward.especially in the analysis of the issue of an accomplished or an attempted crime, the author abandons the traditional "purposes theory", "the results theory", "constitution factors " and proposes his own views. At the same time, in the analysis process, the author proposes his disposal suggestions about the case of Mr. Lei.In the third part, legislative proposals on Forced Transaction. there are disadvantages in the crime 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.In the fourth part, the main crime is to improve the legislative proposal to force trading. First the Author put forward their own legislative ideas, then forced to conclude transactions on the specific design of Crime Legislation...