The Research Of Forced Trading Crime

Forced trading crime is a new kind of accusation which was stipulated in the Criminal Law of the People’s Republic of China(1997 revision), although such acts would be punished according to the 1979 Criminal Law, the charges are generally defined as the crime of speculation or hooliganism. The existing criminal law provisions list five kinds of acts that constitute the crime of forced trading. These provisions to some extent play the role of clear guidelines as well as some disadvantages. In judicial practice, the offender’s criminal means are continuously innovative, which are not entirely in accordance with the provisions of the Criminal Law to commit the crime, at the same time, the concerned judicial interpretation are not adequate; the case guidance is not minute and the detailed theoretical analysis of this crime is scarce. As a result, when there are new cases, investigators may be lost.The thesis applies the methods of study which including the way of cases analysis and of comparative analysis. Combined with the German and Japanese criminal law. To comb the forced trading crime in the Criminal Law of the People’s Republic of China(1997 revision),The violence of this crime will be limited to the direct violence, or to other human violence should be set at stress in this crime, violence and coercion classification should not be a means to qualitatively perpetrator, but the victim’s body and should be distinguished feelings. At the same time I stress the extent of violence and restrictions, bolder means that the behavior of the crime should not be limited only to violence and coercion, and so it is for the drugged unconscious after alcoholism trading behavior should also be oriented sin protection. Then, it analyzes the nature of the transactions of the crime of forced trading. Although the crimes specified in the chapter of Destruction of the Socialist Market Economy, I recognize forced trading conduct which took place in the field of non-market economy also constitute the crime, Recognition of trading the non-marketing and trading of illegality. Secondly, it distinguishes the crime from other related charges. The differences between this crime and the crime of robbery or crime of extortion are whether there is authentic transactions and whether there is a large amount of profits. However, the perpetrator’s subjective factors also need to be considered. Finally, we discuss issues related to the crime of forced trading practice in civil and criminal judicial as well as avoiding some economic disputes in commercial areas being regulated by the criminal code, through two case studies of the effectiveness of the compulsive behavior qualitative influence on its findings.China can draw on the relevant provisions of German and Japanese Criminal Law, by deleting “transaction” of the charges to establish direct crime or crime of forced coercion. So that the legal interests protected by Criminal Law are more comprehensive which could reduce legal loopholes.