The Study Of Forced Trading Crimes

The forced trading crime was first established in the Penal Code of 1997. In the new century, economy has entered a rapid development stage and diversified economic exchanges. In 2001, Legislators added 3-new criminals form with increased it penalty and statutory punishment under “Criminal Law Amendment(8)”.The Criminal Laws established to regulate and eliminate the forced trading and service practice in the existing market. Safeguard the smooth running of the socialist economy. As economical crime, forced transaction crime to protect the legal interests mainly market transaction order. In addition, the Criminal Laws is protected the legal interests of the rights of people or their personal aspect of property rights is also part of the protected by this law. The crime are composite acts, acts of violence and damage caused to the people, including minor and slight injury, and violent object is not limited to human but object. As another means of this crime threat behavior, the extent and manner should not be too restrictive, but it should really cause psychological fear relative to determine whether constitute the crime. As a plot to commit serious cases constitute an important factor in this crime, an important criterion to distinguish whether the establishment of the crime, from the violence, the level of threat and bodily and property damage to be measured. For this crime exists the condition of the attempted and this crime should begin a means of acts of violence or threats as a sign. The crime attempted when the perpetrator can't complete the relevant trading. In the judicial decision process, the degree of difference in many ways under the present crime, robbery or affray. Hence, a clear distinction should be noted and defined. In addition, foreign Penal Code also has many similar provisions of the crime of forced transactions, reference to foreign legislation will help improve this crime legislation.