Judicial Determination Of The Crime Of Forced Trading

In recent years, with implement of market economy, the phenomenon are becoming increasingly widespread to be forced to sell or force others to provide services or to force others to accept service,seriously disturbed the normal trade order. Since the Crime of Forced Transaction be recognized difficultly, largely led to indulgence a number of forced trading events should be convicted of Crime of Forced Transaction.By analyzing Gu, Zhang forced trading case, try to learn from crime constitution of the crime of forced transaction, the limits between Crime of Forced Transaction, Crime of Robbery,Crime of Fraud,Crime of Extortion and other confusing departure, determined to find out the method of the cognizance of Crime of Forced Transaction.At the same time, put forward the existing problems of Crime of Forced Transaction. Namely the firstly.,if the purpose of the crime of forced transaction does exisit; Secondly, semantic ambiguity of the transaction of the Crime of Forced Transactions, led to how to judge difficultly the behavior,in order to facilitate transactions or as a cover of the sale, trade, service to reap super-profits; Thirdly, semantic ambiguity of violence of the crime of forced transaction.In this paper, these issues were carefully analyzed, and improve the articles of Crime of Forced and clarify the meaning of this crime transactions, the proposal be expected to benefit for the crime of forced transaction.