An Analysis Of The Legal Problems Of Forced Transactions In Yang Donghui

China’s criminal law in1997for the first time on the crime of forced transaction is provided, along with the rapid development of market economy, new types of crime is increasing, the amendment to the criminal law passed in2011"(eight)" the development trend of the times, not only increase the three kinds of behavior, the maximum penalty for this crime from the original three years to seven years. Visible, forced transaction crime as one of market economy frequent crime, has attracted wide attention of scholars. Crime of forced transaction crime is different from other, this crime is closely related with the public life, has a strong practice. If the research on the crime of forced transaction only stay in the theoretical research. It is just empty talk. The author thinks that by using the method of case analysis of this crime, the effect more stick out a mile, has practical significance for deeply to guide the judicial practice. Therefore, the author through discussion and in-depth analysis of Yang Donghui forced trading case, the object, the objective aspect of the crime of forced transaction, related charges relationship, judicial cognizance proposed own opinion that.The first part of this paper, introduces Yang Donghui forced trading case, explains its modus operandi. Through the court the trial results, lead to social from all walks of life to the focus of controversy.The second part of this paper, through with the crime of forced transaction structure analysis of discourse, his view object, the threat of violence degree and so on controversial issues on the crime of forced transaction is proposed. With all the relevant factors such as Yang Donghui forced trading case, that the forced transaction behavior completely accord with the constitutive elements of the crime of forced transaction, to the case of qualitative for the crime of forced transaction practices to be sure. The third part of this paper, mainly describes the definition of forced transaction crime and the crime of robbery, fraud, blackmail and impose exactions on crime, and similar charges, the constituent elements and the specific situation of the case as the breakthrough point out differences between these charges.The last part of this paper, through the analysis of Yang Donghui, forced trading case, leads the author to the crime of forced transaction in thinking that the judicial practice, the practical difficulties of confusion degree of violence crime of forced transaction with the relevant charges, bug defect provisions and the relevant laws in this crime, puts forward a new idea to solve the. In the condition of not changing the existing legal framework, explaining the reason for the system of interpretation, analyzes the above problems. The author discussed in detail in this part of the system, then analysis it into the Yang Donghui forced trading case, the final interpretation of the system to explain the specific application in the forced transaction crime and other crimes defined.