The Research On The Compulsive Behavior Of Forced Trading Crime

Normal trading in a market economy is the guarantee of economic development.Forced transaction crime in order to maintain market economic order, as the startingpoint is the necessity of the research. At the same time, with the continuousdevelopment of market economy, expanding in the field of trade, the cause was andforced transaction crime distinct crimes, are now gradually intertwined, brought thejudicial conviction sentencing even greater difficulty. Although the "criminal lawamendment (eight)" clearly widen the scope of forced trading crime cognizance, butthere is still no clear regulations forced trading charges that need to solve somepractical problems. Especially forced transaction crime and racketeering crimescharges have compulsive behavior, behavior person to decide how to compulsivebehavior way, purpose, object, time of implementation and adoption of compulsivebehavior and other related crimes became a problem, in cognizance of forcedtransaction crime compulsive behavior can not only make us more profoundunderstanding of forced trading crime itself, and applied correctly in the judicialpractice, to avoid confusion in the judicial.So first，I want to compulsive behavior of forced transaction crime to a macrodefinition. Mainly from the introduction of foreign penal code, the penal code offorced trading crime law legislation evolution, and further analysis of the force, forceand stress difference, draw a forced transaction crime compulsive behavior refers tobehavior person in order to successfully implement force myself to have to deal,which is based on the realistic risk of violence, intimidation to behavior. Part as far asthe focus of this article--the connotation of the compulsive behavior cognizance, theauthor specifically to break it down to four aspects, the elements of abehavior,requirements must be violence and threats; Second, behavior purpose, the authorthinks that only the surface of the transaction at the same time satisfy themarketability, the legitimacy of the form and substance of illegality, can become acompulsive behavior purpose; Three is behavior object, is a behavior object, isdivided into violence and threat object, in which violence is violence for people isbelong to the violence in the compulsive behavior, does not require applied only tothe person’s body, including your relation with trading counterpart third person andthe implementation of violence. Actor will implement threat of object can be either forced himself, may also be related to forced people have relationships; Four isbehavior implementation time, the time is not just limited to compulsive behavior inthe process of trading, as long as it is this kind of behavior consequences can continueto trade, the trading force by forcing people to implement some or not implementsome kind of deal. Finally from all elements of the compulsive behavior of forcedtrading, unlike other compulsive behaviors, discusses with intentional injury, crime ofextortion, robbery and stir-up-trouble crime of compulsive behavior distinction.