On The Crime Of Forced Transaction

Crime of forced transaction is a charge set up in 1997. In 2011, the criminal law amendment(eight) also made changes to this crime, under the revised rules, the crime can be summed up as: using the method of violence or threats to violate the freedom of others, to force others to engage in some sort of commercial transactions with him or a third person, or exit certain business transactions, and the circumstances are serious.Object of forced transaction crime is the normal market order and the personal rights and property rights of others. The degree of violence in a forced transaction should be limited to minor injuries, the object of violence can only be the person that forced in this transaction, not his/her property or his/her close relatives, as well as any other interested person. There is no limit to the extent of threatening behavior in this crime, as long it brings psychological compulsion to the victim, who is forced to provide or accept the deal. The threatened objects not only include the opposite party in this transactions, but also people having interest relationship in it. Crime of forced transaction aims at transactions. Doers, by means of violence or threat, commit transactions, thereby achieving its goal of obtaining trading interests. Transaction behavior in the crime of forced transaction has the following characteristics: first, it should be mandatory; second, its content should be legitimate; third, it should be market-oriented. Gravity is one of the constituent elements of the crime, the gravity in this crime generally refers to the illegal profit reaching to a relatively large amount; repeated forced transaction; causing serious adverse effects; using serious acts of violence or threat to cause people injured and so on.Subjects of forced transaction crime are not only includes the two sides of a transaction, but also includes the subject of the third party. There should not be restrictions on the qualification of the subject of this crime, as long they conducting commercial activities. Subjective aspects of this crime are direct intent. Seeking illegal economic interests is not the subjective elements of the crime.Crime of forced transaction may easily get confused with robbery, extortion, crimes of affray, assault and other crimes, which is a problem in practice. This paper distinguishes them from the aspects of the level of violence, crimes against the legal interests and the subjective intent of the charges. This crime has no abortive form, only has accomplished form. The legislative defect of forced transaction crime in China: connotation is not so clear; there is no standard criterion on the level of seriousness; its conviction threshold is high; and it is easily confused with other charges. As well, in view of related legislation in foreign countries, this paper puts forward appropriate legislative proposals.