On The Forced Withdrawal Of Qualitative Behavior Of Others

Will buy and sell clear criminal behavior as crime of forced transaction started in 1997 criminal law criminal law, 1997 will be traditional as play the market behavior and hooliganism, players buy and sell behavior a separate crime, to fight with the market transactions have become increasingly frequent and increasingly multiple inevitably forced transaction behavior, the maintenance of normal orderly market transaction order and people's lives and property safety. However, with the rapid development of market economy, forced transaction behavior is exhibited a more complex shape, with 1997 Criminal Law on the crime of forced transaction rules of simple hard to attack this kind of crime legislation purpose. " Criminal law amendment ( eight)" of the crime were revised, with three should be imputed special forced transaction behavior, and set corresponding to different ranges of statutory penalty, legislative improvement. But social life is rich and colorful and the myriads of changes, in this case, forcing the others to withdraw from whether the conduct constitutes a crime, whether to constitute the crime of forced transaction, combined with" criminal law amendment ( eight)", is a question worthy of study and research, hoping for future judicial practice encountered a similar problem how to handle to to a point of reference, to more fully play the" criminal law amendment ( eight)" on the forced transactions combat, maintain order in the market economy the legislation purpose.This paper is mainly divided into five parts, about 17000 words, the main contents are as follows:The first part of this case, introduced basic.The second part, on the case involving the main focus of controversy in this paper.The third part, introduces the case in the process of different point of view. Some people think that do not constitute a crime; some people think that constitute the crime of robbery; some people think that constitute the crime of kidnapping; others think should constitute the crime of forced transaction. The author in the various viewpoints were introduced, initially considered the case constitutes a crime of forced transaction, with Hwang in the revised forced transaction crime within sentenced corresponding punishment.The fourth part, on the case involving the main legal issues in combination with the specific circumstances of the cases analysis. The main is the crime of forced transaction object is a complex object. The" violence"," threat" behavior," transactions" should be how to identify, at the same time, the author thinks that we should exclude the illegal transaction behavior, non market transaction behavior and symbolic transactions. In the case of the treatment process of the complete form of crime is a problem that can not be avoided, the author through the analysis that the case already constituted the crime of forced transaction crime. Finally, in view of the case in the process of different views, the author will forced transaction crime and other similar crimes to make a brief analysis on the boundary.The fifth part, according to the principle of integrating theory with practice in this case is covered in the main view of a comb, draw a conclusion.