Research On The Problem Of Forced Trading Crime

Forced transaction crime is the new increase in the criminal law of 97,the purpose of setting this sin is to maintain the fairness and stability of the socialist market economic order,and in 97 criminal law will only as the regulating object of forced trading goods and services.However,with the development of China's market economy,the methods and means of compulsive trading are becoming more and more diverse,and the methods of violence and threats are becoming more and more hidden.Especially in engineering bidding,auction items,the company's acquisition of companies and stock transfer in the areas of forced trading behavior,seriously disturb the order of the socialist market economy,more harmful to the society.Therefore,in 2011,"criminal law amendment(eight)" to the provisions of article 226 of criminal law to force trading has made a major revision,added three new types of forced trading behavior and a sentencing range.Although the criminal law amendment(eight)has made a major revision to this crime,but the understanding of this crime criminal object,objective constitutive requirements,the legitimacy of the transaction behavior problems,problems such as crime plot and complete the form,there is a larger dispute.Therefore,the author will elaborate on these difficult questions in combination with judicial practice:Firstly,for the definition of the object of forced trading crime,there is a simple object in the academic circle that argues against the complex object.The author believes that the object of this crime should be regarded as a complex object,and the protection of the law is the fair market competition order and the legitimate rights and interests of others.Secondly,for the objective constitutive elements of the crime of forced trading,the author will analyze the three aspects of violent behavior,threatening behavior and understanding of the transaction.The author thinks that the object of violence can be a person also can be content,threatening behavior of objects can be the victim and there is a close relationship with the victim of a third person,violence and threat behavior should not set limit standard in extent,when violence crime more than minor consequences,imagine competition and should be considered in the problem.As for the legality of the transaction,the author believes that such transactions should be included in the evaluation scope of the crime when the other party fails to recognize the possibility of the transaction.The illegal operation which lacks the qualification for administrative admission should also be included in the evaluation scope of the crime.Thirdly,the crime of forced transaction,crime number form,common crime,unit crime and attempted specific analysis.As to the definition of "serious situation" and "especially serious plot" in this crime,there is no clear legislative stipulation,and the author will make his own analysis and demarcation standard in combination with judicial practice.The author believes that in specific cases,if the crime of coercion is constituted,and other crimes may be constituted,the punishment should be punished according to the principle of punishment.I will combine examples to make my own analysis of the crime of crime and unit crime.In addition,the forced transaction crime is the behavior,attempted existence form,specifically the offender to implement the behaviour of violence or threat,to reach the standard of "serious",but in the end because of will not complete subsequent transactions.