Study On Objective Behavior Of The Crime Of Forced Transaction

Forced transaction crime is the criminal law in1997increased charge, set to hit themarket in the presence of forced transaction behavior, safeguard the order of the socialistmarket economy, stable, healthy and orderly operation. Forced transaction crime infringes thevoluntary, fair market transaction order, has harmed other people ’s personal rights, propertyrights or other legitimate rights and interests. At the same time, with the development ofmarket economy, forced transaction behavior more and more, more and more widely in scope,therefore, the1997criminal law if the circumstances are serious transactions criminateseparately. With the level of economic development, people’s lifestyle, the way of investment,trade means emerge in an endless stream, followed by forced transaction behavior, forcedtransaction means is growing to be banned repeatedly morethan. Criminal law protection ofhuman rights as the final barrier also must keep pace with the times, therefore,in2011the"criminal law amendment (eight)"make the crime of forced transaction corresponding revision.But in recent years, our country on the crime of forced transaction research is not verycomprehensive system, theory on maximal divergence is concentrated in thecrime of forcedtransaction objective behavioral problems, in practice, that is also easy to confuse with othercrimes; at the same time, along with the" criminal law amendment (eight)" carry out, it isnecessary to more in-depth study the forced transaction crime.In the legislation of crime due to modifications and to some extent the inadequacy ofexistence, in the judicial practice, there are many problems in it. Therefore, the author aims tomodify the content and some difficult problems in recognition of it, carries on the elaborationfrom three parts.The first part is on the means of violence and threats of behavior’s analysis.On violentbehavior, the author thinks that the crime of forced transaction of violence behavior includesthe implementation of the violence and violence. In terms of level of violence, on the violencein" serious" is limited to minor injuries," particularly serious" including negligence causingserious injury or death. The level of violence is the main to the crime of intentional damage toproperty crime together, with the formation of the implicated relation, in accordance with theprinciple of punishment from a heavier punishment. On the threatening behavior, the authormainly from the threat of object, content, degree analysis. The second part is on the purpose of behavior analysis. Firstly, on the objective thattransaction behavior of the five legal type,especially the present criminal newly added threetypes are discussed in detail. Secondly, on the nature of the transaction did concrete analysis,discusses the theoretical circles and judicial practice are generally concerned about two issues:first, forced transaction crime of whether the trading behavior can only be lawful acts; second,through identifying the forced begging behavior as well as the" super profits" transaction tosolve the crime of forced transaction in the transaction whether it must be paidequivalence’problem.The third part is about the crime that the means behavior and purpose behavior’sidentification problem, with similar crime objective behavioral interpretation. First of all, theobjective behavior of crime of forced transaction, and the crime of robbery, blackmail andimpose exactions on crime,affay crime and crime of forced selling blood’s objectivebehaviors are specific to distinguish. In this part the author spends the greater length of thetext discussing this issue,the purpose is that clear this crime and the four crimes in theobjective respect easily confused in theory, and in practice, it can distinguish, the correctconviction and sentencing.