The Controversial Issue In Forcing Trace Criminal

Stable, fair and free trade order is essential for the benign development of social economic market system. The force trading charges, which refers to breaking the transaction order by illegal actions and yield serous outcomes was identified in criminal law revised in1997. However, the item226of criminal law, which defined the forced trading charge is general, with high threshold for credit and short sentencing range, thus triggered much controversy. In addition, with the development of market economy system, the actions of forcing transaction are more and more disguised and diverse, which make the definition of forced trading criminal be more and more difficulty. The new revised amendment of criminal law (8) in2011, based on the1997version, defined the conviction and sentencing of force trading charges of conviction in a more detailed manner and thus facilitate the explanation and utilization of this item in practice. The author of this article firstly reviewed the history, significance and composition of forced trading charges. Next, the controversies in the definition of forced trading charges was analyzed from the perspective of threatening violence means, cause-effect relationship, accomplishment or attempted, as well as pattern of crime. At the same time, the boundaries and crime intentionally differences between forced trading charges and robbery, stir-up-trouble crime and forced trading charges were disccused. Finally, the author gave some advice on the explanation and utility of forced trading charges in practice according to the amendment of criminal law (8), which may be helpful for the conviction and sentencing of this crime.