On The Case Of Gu And Other’s Crime Of Forced Transaction

In recent year, the forced transaction has been happened at times. The Crime offorced transaction violates the market participants’ right of property and person byusing violence and threatens. Although the legislation is improved quickly, withoutthe related judicial interpretations and under the old-fashioned judicial practice’sinfluence which lead to the big difference between the criminal law scholars andjudicial personnel on understanding the crime of forced transaction. How tounderstand and distinguish the crime of forced transaction is always a difficultproblem that requires us to study and research the latest law.By studying the specific case on forced transaction, we could clear the focus ofcontroversy in this case to see whether the Gu’s behavior violates the law of forcedtransaction or robbery. To distinguish crime and non crime is mainly from crime’selements and characteristics. To distinguish the crime not only need to analysis thecrime elements, but also require to qualitative key problem. First, there is a particulartransaction between the offender and victim; Second, the proportion of illegaleconomic interests that the offender has obtained; Third, the degree of violence. Thus,taken together the essence of law concept and case fact, we could get the followingconclusion: First of all, in this case the Gu’s behavior conforms to the crime elements,so his behavior is a crime. Then, After analysis the constitution of a crime, we couldknow this case is not a robbery. At last, because the Gu’s subject’s intent is gainingthe illegal economic interests and he practiced the forced transaction by violence andthreaten for11times which the amount of trading far exceeded the normal transactionamount. Not only his behavior violates the victim’s personal right and property right,but also infringe the order of free fair market seriously, so this case should convict asthe crime of forced transaction.The analysis of this case tells us that applying the law needs correct judicialconcept. In trial, the judge rebuilds the facts through the evidences and applying thelaw by the facts. In this process, we must follow the principle of taking facts as thebasis and the law as the criterion. Only by this way, we could realize the fairness ofcriminal trial.