Study On The Problems Crime Of Forced Transactions

Since entering the market economy in our country, people’s life has been greatly improved, and the improvement of people’s demand further, this makes great changes have taken place in the scope in our country, the market trading activity in People’s Daily life in the form of normalized, its content involves various fields, yet as a 97 forced transaction crime in the new "criminal law" regulation, already can’t include certain forced trading behavior of market transactions, on this basis, China’s "criminal law amendment(eight), the forced transaction crime was revised and added three forced trading behavior in a specific sector of the economy, but also added a sentencing range. While in the aspect of legislation in our country strengthens the force trading rules, but in the judicial practice and academic circles still exist some problems, affects the judicial staff scholars and experts. In this paper, starting from the concept of forced trading, probably discuss forced transaction crime legislation evolution. Focus on forcing the qualitative difficulties in trading, including the compulsive behavior of "violence" and "threat",violence is limited to minor injuries, violent object refers to trade only each other, the scale of the threat in the spirit of enough to make the victim in fear and had to trade for degrees, threat object than violence objects is wide, not only including trading counterpart also includes a third person and content; Pointed out that the properties of forced trading behaviors for the trading behavior of voluntary, and the legitimacy of the transaction content; On the qualitative of "serious", the author draw lessons from the relevant departments of the relevant provisions of the plot, and combined with the judicial practice in China, and other charges in the judicial interpretation, given their own standards. Finally, after analysis shows that the forced trading only not attempted.