Research On The Practice Problems Of The Crime Of Forced Transaction

Normal trading in a market economy is the guarantee of economic development. Crime of forced transaction in order to maintain the order of the market economy as the starting point, there is the necessity of research. At the same time, With the continuous development of market economy, trade field widening, bring forth the new through the old means of transaction, resulting in some behavior in market economy how to recognize, is the crime and non crime, and constitute the crime of forced transaction or other crimes, is for the judicial department of conviction and sentencing brings certain difficulty. Then the legislation of crime of forced transaction is relatively simple, and no corresponding judicial interpretation for the study reference, and the research on this crime in the academic circles is also extremely limited, Those make this crime is certain fuzzy and controversial in the concrete definition of subjective and objective elements. Therefore, the author selected several more controversial forced transaction behaviors, through the analysis and summarization of the subjective and objective elements of the crime of forced transaction, to this crime has a more thorough and systematic understanding and grasping. At the same time, can also be defined to handle to these more controversial practice behavior types, bring benefits to the criminal judicial practice.This paper consists of three parts, the main contents are as follows:The first part, identify the guide’s behavior of force consumption. By expanding the case, understanding qualitative differences, to put forward the problems caused by the guide’s forced consumption behavior, to evaluate the feasibility of the tour guide constitute the crime of forced transaction along with how to define the circumstances of crime of forced transaction are serious, how to analysis the qualitative of it, What is the sign of it. Finally is to identify and process guide’s compulsory consumption behavior, including cases of decriminalization and situations of the crime of forced transaction.The second part, identify the behavior of providing obsessively the loan service. By expanding the case, understanding qualitative differences, to put forward the problems caused by the behavior of providing obsessively the loan service, clear the subjective purpose of the forced lending behavior as well as how to define the crime of forced transaction means of violence or threat and the object of the crime of "service". Finally is to identify and process the behavior of providing obsessively the loan service, There are mainly forced transaction crime and extortion two kinds of different ways of treatment.The third part, identify the behavior of performing forced begging, By expanding the case, understanding qualitative differences, to put forward the problems caused by the behavior of performing forced begging behavior, making clear the nature of the crime of forced transaction "transactions" and the performance way begging money can constitute a transaction, Finally is to identify and process the behavior of performing forced begging, the practice of such behavior were identified in addition to pay attention to the behavior consistent with the characteristics of the form of "transaction" to inspect outside, we should pay attention to the combination of the actor’s consistent occupation, crime subjective psychology and other aspects of a comprehensive in-depth analysis.