Study On Crime Of Forced Transactions

The crime of forced transaction stipulated by the criminal law(97 Revision) plays an important role in safeguarding the socialist market order and protecting the citizen’s personal and property rights, But with the economy growth, Forced trading in the market has not been reduced, and showing a means of diversification, the trend of the expansion of the degree of damage, leading to the lagging of the criminal law has become increasingly prominent.Therefore, the criminal law amendment(eight) to the crime of forced transaction, the increase of the three kinds of ways to force the transaction, expand the scope of application, the addition of the circumstances of the special circumstances of sentencing, improve the magnitude of the penalty, in order to strengthen the application of this crime. The change of the law of the crime has a great impact on the judicial practice, the definition of the crime of forced transaction, and the different understanding of the forced mode always caused dissension. In this regard, this article begins with several cases of forced transaction crime, summarizes the focus of controversy, leads to the problems in the understanding of the connotation and the forced mode of the transaction, and analyzes the core elements of the two forced transactions through forced transaction.This paper is divided into four chapters, in general, it follows below writing ideas, proposed problem – analysis problem – solving problems. In the first chapter, the paper introduces the case of the three cases of Forced Transaction Crime of forced transaction, and introduces the basic case and leads to the related legal disputes; The second chapter is the analysis of the nature and characteristics of forced transaction behavior, which leads to the combination of the behavior and the means, The third chapter is about the purpose of this crime, to define transaction behavior, and the scope of the crime; The fourth chapter is about the analysis of the behavior of the crime. The final balance concludes the summary of the three cases. In this paper, through case study, comparative study, literature research and other methods to conduct in-depth and comprehensive study, especially the criminal law amendment(eight) to the change of the crime. The definition of the transaction, mainly through the use of text interpretation, purpose interpretation, system interpretation and other methods, from the connotation of the transaction, the transaction characteristics, transaction related content and the interpretation of the new way of interpretation of these angles, to define the expansion of the transaction. Based On the understanding of the means of violence, threat of violence, this paper expounds the concept, object and degree of behavior of this article from three aspects, After the amendment of the legal punishment, also define How to deal with the crime and other crimes in the case of the violent means of minor injury, serious injury, or death. Finally, I put forward the proposal to increase the "other forced ways", hoping to improve the legislation of this crime. The innovation of this paper is that: First, the deep analsysi of definition of the connotation of the transaction, Second, different view of pervious understanding: define the crime based on violence level. In the view of the increase of the statutory punishment, we should analysis the problem from the perspective of the concurrence of crime But the intent of the relevant issues in order to force the crime of judicial application and legislative perfection of some help.