Research On The Crime Of Transaction By Force

The crime of transaction by force was a additional charge in 97 revision criminal law, also important documents charge that the bill for amendment (eight) had supplemented the crime objective constitution, this legislation in order to maintain, consummate and protect socialist market economy order. Along with unceasing development of the market economy, the phenomenon that to boss the marketplace, buy and sell by using compulsion, force other people to provide or to accept the service, which increase along with it, also the scope grow gradually, moreover this kind of crime often related with the action of organization which nature is organized crime. Therefore, the original criminal law 226th stipulation, "by the violence, the threat method, buy or sell using compulsion the commodity, to force other people to provide the service or forces other people to accept the service, if serious, place below three years the set term of imprisonment or imprisons, punish at the same time or the list place fine". Based on this,on February 25,2011 the criminal law bill for amendment (eight) met the situation need, made the revision to the 226th stipulation compared to original "Criminal law", increased three behavior ways:Namely to force other people participation or the withdrawal bid, the auction; Force other people transfer or the purchase company, the enterprise stock, the bond or other properties; Force other people to go in or withdraw specific management domain. These new three behavior ways compared the past two behavior ways, which society hazardous nature to be bigger, so in order to recognize accurately the force transaction crime, unified the question which Chongqing hit black meets, this article to analysis its constitution launches.This article is composed of four parts, altogether 15,000 characters.The first part, introduce briefly the case of "the Wang Dezhong event" of the process during Chongqing "Buses dark overlord" Li Qiang seized in the public transportation line.The second part, to elaborate several constitution important documents of the force transaction crime by theoretically, emphatically discusses two aspects of this crime object important document and the objective important document. The author thought the objec of the force transaction crime is the complex objects, by three parts of constitutions, voluntary, fair market transaction order this main object, other people personal rights this time want object, but also has property right this stochastic object; The method behavior of this crime include violence and threat, and the violence degree is limited to by the minor wound, the threat content as well as the way do not have the special stipulation; The goal behavior of this crimel is trading behavior, recognizing whether there are the real transaction behavior (service or efficient right) and the corresponding value two essential factors obtains from the commodity; The aim object of the force transaction behavior is the commodity and the service as well as some free rights can bring the benefit for the obligee; "the circumstance is serious" is a comprehensive concept, recognizing it must from the transaction amount size, number of times, the participation population these various consideration. The crime of the force transaction crime is actual intent, requesting take seeking the black economy benefit as a goal.The third part, to draw the case conclusion, determine the nature of forcefully to LiQiang. Under the legal framework at that time, the behavior of Li Qiang constituted the crime of gathering in great numbers to harass social order, because at that time the behavior of Li Qiang was not covered in the force transaction crime, Because requesting other people to withdrawal specific management domain doesn't belong in the behavior content of the crime of transaction by force at that time, this was precisely the content form which the criminal law bill for amendment (eight) increased. therefore it was a good choice to punish him with gathering in great numbers to harass social order crime. To union above-mentioned case elaborate that our criminal law about the legislative insufficiency of the force transaction crime, the concrete manifestation is to define s diedly the behavior of the trades, the connotation is too narrow; unclear regarding connotation expression of the transaction by force, so create the different meanings in the understanding; There are not circumstance serious judgment reference standard and so on; And therefore launches to which is related the content the discussion the criminal law bill for amendment (eight).The fourth part, to the legislative insufficiency which pointed out in view of the third part, so proposed correspondingly to trades the behavior generation by the broad definition, to provide the concrete judgment standard in stipulation is "the circumstance is serious", to rich the behavior ways of this crime's, to addition discretion of punishment scope, enhance legal punishment of the force transaction crime which these legislative perfect several aspects, thus appraises objectively the criminal law bill for amendment (eight).