Definition Of The Crime Of Forced Transaction

The act of transaction by force has a long historical origin, the criminalization began with the new penal code of1997, the act was prosecuted as the crime of speculation and profiteering or the crime of hooliganism before. With the development of market economy, the content of forced transactions has increased, the eight amendment of the national penal code added three modes of forced transactions.Defining a crime is about recognizing the legal interests the provision protects, legal interest is the threshold issue. The crime of forced transaction is in the sixth chapter, which is under the name of the crime of destruction of the socialist market economic order. The main legal interest in this crime is the order of free competition in the market, the crime also inflicts the victim’s bodily rights and property rights. Thus, the crime is distinct from the other similar crimes in other countries or regions.The transaction is key for the existence of this crime, the transaction should be authentic and not in fair consideration. Both individuals and units can be the offenders, but they have to be the market subjects. Defining market subjects per se, they need only participate commercial transactions, and are not required to possess related qualifications. This interpretation protects the victims more. The object can be person or properties, the person can be the real victim or a third party.Violent action is the breakthrough to determine whether the crime really exists. The violence should direct to the specific person or property in the transactions, the violence should have a practical impact on the transactions, which means that the violence is not ordinarily directed to bodily harms. The extent of the violence is not unlimited, but shall be no more than slight wound.Gravity of circumstance is one constitutive requirements of the crime and it is the key to determine whether the crime has been established or not. The article and the judicial interpretation do not set the standard to determine what circumstances are server. According to judicial practices and relative local regulations, the circumstances are the numbers of times of forced transactions, the prices in the forced transactions and the bodily harms caused by the violence.According to different contexts, the forced transactions can be specified into different categories:oppressive transactions, mafia-oriented transactions and hanging mode cut-off transactions. There are new modes of forced transactions:the tour guide forced the tourists to spend money, forced financial trades and forced transactions in plastic surgeries. Also, the illegal sex trades and non-violent sex trades should be prosecuted as well.In judicial practices, the offense is similar to robbery, extortion, offence of picking a quarrel and making trouble of taking by force and kidnap and it is easy to confuse among those offenses. According to case decisions, the offense of forced transactions can be distinguished from other offenses from the transactions, the legal interests, the gravity of the violence and subjectivities.