The Cognizance Of Crime Of Forced Transaction

Although forced trading has a long history, the crime of forced transaction wasbecame a formal charges in1997to our country’s Criminal Law. Along with thegradually development of our country’s socialist market economic system, more andmore forced purchase, forced transaction behavior occurs unceasingly, the actor tendsto force the other party by means of violence or threat to buy its goods or services,severely disrupted the social market economic order, violates the legitimate rights andinterests of consumers, consumers have also been a certain degree of violation ofpersonal rights, have made huge social harms. The97’s Criminal Law in our countryespecially add the crime of forced transaction to curb the further spread of forcedtrading crime, but in the judicial practice, because of the complexity of the componentelements of forced transaction crime itself and its competition with other types ofcrime, there is a big controversy in terms of both qualitative and applicable. Thisthesis plans to comb the doubt and confusion in the cognizance of forced transactioncrime through to rip off case, in order to find the key issues which troubled thecognizance of crime of forced transaction and try to find out reasonable solutions.This thesis consists of four parts, about twenty thousand words. The first part is theintroduction of the rip off case happened in Shanghai and the final judgment the court room has made, summed up the legal disputes on the theory and practice in the case,regard the key issue to cognizance of the case as the defendant’s behavior and whetherthere is a specific transaction between the defendant and the victim. The second partresearch the means of the crime of forced transection, violence and threat,respectively for ordinary violence, threat behavior and forced transaction crime ofviolence, threat behavior the concept, characteristics, manifestation and the degree ofstudy and put forward their own opinions. On analyzing the practice of the defendantin the case, and compared with other charges and draw a conclusion to the this case.The third part discusses the purpose behavior of the crime of forced transaction, theintention, characteristic and the specific standards of the particular transaction.Consider the trade of the crime of forced transaction must conform to the compulsory,content validity, rationality of consideration of features, provide the basis for thequalitative to the case. The fourth part focuses on the standard of "cases of grossviolation", from the perspective of the general meaning of the criminal law if thecircumstances are serious, based on the judicial interpretation of the rules, provide thespecific standard of "cases of gross violation" of the crime of forced transaction.