Research On The Complicated Problems Of Crime Of Forced Transaction

The rapid development of the economy has brought convenience to our deal.Whether the form or the place of the transaction have undergone unprecedented changes.However,some consequent negative phenomena can not be ignored,including the buying and selling against the will of the parties,dominating the market rely on force and so on.In order to maintain the order of market transaction and to protect the rights of the parties,the 1997 Criminal Law provided for the Crime of Forced Transaction,reflecting the development of legislation.However,since the provision of the criminal law on this crime was not exhaustive and specific at that time,it resulted the lack of operability in the judicial practice.Therefore,it played right into lawbreakers' hands and the law could not fully play the role in our society.In 2011,the Amendment ?to Criminal Law came into being,which amended and improved the provision of this crime,and increased three new kinds of trade formation.It is undeniable that the new amendment has made significant progress compared with the 1997 Criminal Law,but undoubtedly it has confused the theoretical circles and judicial practice because of the inherent hysteresis of the law and the lack of further judicial interpretation of the crime.Consequently,this paper bases on the basic theories,combines with specific cases,analyzes the problems of this crime,and mainly includes the following parts:The first part,on the basis of the analysis of the meaning and extent of violence in this crime,distinguishes between violence in this crime and other crimes.This paper argues that the violence in this crime should be analyzed separately from the degree of injury to the body and property.Through comparative analysis,the extent of violence to the body is limited to minor injury,when to property is limited to the amount of huge loss.To distinguish the boundaries of violence between this crime and other relevant crimes,this paper focuses on this crime,the Offense of Robbery and the Offense of Rape.The second part,on the basis of the analysis of the meaning,form and extent of threat in this crime,distinguishes between threat in this crime and other crimes such as the Crime of Extortion.The author argues that there is no upper limit to extent of the threat of this crime,but the lower limit should be higher than other crimes of violating the absolute right.For the economic threat behavior in economic activities,on the basis of comparing the relevant cases,this paper argues that the economic threat should pay attention to the purpose of the perpetrator's threat and the relative person's freedom to choose after taking the threat,besides meeting the general feature of the threat.The third part analyzes the three kinds of transaction behaviors in the Amendment to Crim? inal Law through deeply discussing the meaning and form of the transaction in this crime.And then the author gives ideas to some problems of transaction,argues that the transaction with the illegal content,the transaction without relatively reasonable price can not constitute this crime,but non-market transaction should belong to the scope of this crime.The last part,combining the theory and practice,through the analysis of the practice cases,interprets the Circumstances of Aggravation of the current criminal law and concludes its quantitative criteria in this crime.This paper argues that the Circumstances of Aggravation should be the comprehensive summary of various circumstances rather than a certain aspect of the provision,and then lists the typical form of the Circumstances of Aggravation of this crime.