Research On The Complicatied Problems During The Judgement Of Crime Of Forced Transaction

The crime of forced transaction is a newly increased charge in our country which wasdecomposed from the speculation crime of the1979’s "Criminal law" by "Criminal law" in1997. However, with the increasing social economic development and complexity ofeconomic crime situation,"Criminal law Bill for amendment (8)" has made the newconsummation to the objective behavior way and the legal punishment of this crime,expanded its force transaction behavior connotation, and has enlarged its punishment scope in2011. To certain degree, this has perfected the force transaction crime stipulation. But, thereare still many disputes in this crime which are worth studying, for instance, how to understandthis crime did “the transaction behavior” and “the serious circumstance” stipulated in thiscrime as well as how to define the degree of violence method. This article plans to offer athorough law analysis of some serious disputing problems in perspective of a case “Li Hongto live the force taking advantage of records”.This article divides into five parts, total approximately15000characters.The first part is the main points of the case to analyze “Li Hong to live the force takingadvantage of to records”.The second part briefly introduces the basic case of “Li Hong lives the force takingadvantage of records”.The third part simply introduces the treating processes of this case and its three differentopinions in theoretical and business world. The first one thinks that in this case, Lisubjectively has no trade motivation, that is, he tends to hide the truth of the robbery in thename of “borrowing money”, and thus it should be regard to have formed the offense ofrobbery. In the second opinion, the behavior of so called “borrowing money” belongs to thevery kind of forcing others to supply service, so it should be taken as the crime of forcedtransaction. However, as the third one claims, Li compels the aggrieved party to hand in agreat deal of money to get money, it forms extorts the crime naturally.The fourth part is the body part, which carries on the theoretical analysis on those threecrimes referred above, such as the crime of forced transaction, the offense of robbery as well asextorts the crime, with the combination of this case. And in the case of the force transactioncrime, it mainly discusses the objective aspects of crime in the forced transaction, includinghow to identify the violent and threatening means, trading and borrowing behaviors and measure the circumstances of crimes. Meanwhile, it also analyzes the composing condition ofrobbery and racketeered offense in order to compare the three crimes. Based on the analysisof the three crimes, the case will be better defined and analyzed.The fifth part is the researching conclusion. The author believes that, the defendant’sbehavior in this case of enforcing Sun to supply service to him to fulfill his aim of gettingmoney is up to the factors of the crime of forced transaction, therefore, he has committed theforce transaction crime.