Studies To The Crime Of Forced Transaction

With the development of networks, a new form of crime has appeared which relies on the internet. That is wine hustler. The case of wine hustler always seems complex, it has severe social harmfulness, Strong concealment, it is difficult to obtain the evidence, and the way to get conviction also exist some problems. It may cover the crimes of robbery, fraud, kidnapping, illegal detention, forced trading and other crimes similar to the distinction between crimes. The article starts with a typical case of wine hustler,'Mr. Sun implements a case of force trading through a form of wine hustler, and then, analyzes whether he is guilty. This article bases on the basic theory of the crime of forced transaction, the difference and relation between the crime of forced transaction and other related crime, and then gives the conclusions.This paper including three parts, about fifteen thousand wordsThe first part: introduce some typical cases about wine hustler. And then give the opinions of both parties during the trial. One party thinks that it is guilty, and the other party denied.The second part: Summarizes the opinions between the two sides and give the controversy over this case. Including whether it is guilty or not. And then discuss the disputes in this paper.The third part: conclusion of the study. Part mainly theoretical knowledge and combining specific action in practice arrived at this paper the case studies it. Through the constituent elements of the crime of forced transaction, forcing trading and differences and relations of adjacent crime, common crime theory problems in analysis, for focused discussion on the issue concluded: (a) on the question of whether it constitutes a crime, its core is the "wine tray" behavior is in line with the People's Republic of China in the Criminal Code provided for the four constitutive elements of crime. Forcing trading through the subjective and objective, subject and object of the four constituent elements for analysis, which came to the conclusion of the case constitute forced crime and constitute a common trading. (B) on a crime problem, the core is that forced trading and the crime of robbery, extortion, fraud probe into the differences and relations of, by robbery, extortion, fraud, means for the purpose of analysis, so as to come to the conclusion to the case did not constitute a crime of robbery, extortion or fraud constitutes forced trading. Finally legislative defects of enforced against forced trading trading proposals.