Study On The Objective Aspects Of The Crime Of Forced Transaction

The crime of forced trade was first stipulated in the criminal law of 1997,which was used to crack down on the act of forced sale and forced others to provide or receive services in the market economy.Ensuring the normal operation of the socialist market economic order.In the course of the development of the commodity economy,some traders have adopted more diversified forms of forced trading in order to gain more benefits.It poses a greater threat to the personal and property rights and interests of the relative party,and undermines the free and fair order of the trading market.In 2011,the Criminal Law Amendment(VIII)added new changes to the sentencing and behavior of the crime of forced trade.In terms of sentencing,an additional range of sentences has been added on the basis of the previous single legal penalty range.In terms of behavior,it has added an additional force to others to participate in or withdraw from bidding,auction,transfer or acquisition of a company by means of listing.The shares,bonds or other assets of an enterprise and the three forms of forced trading that force others to participate in or withdraw from specific business activities,It is used to regulate the behavior of criminal and evil forces that often occur in judicial practice to disturb the order of market economy.It not only strengthens the crackdown on criminal acts that undermine the order of market economy,but also protects the legal rights and interests of the trading subjects.Rank of fair and free market transactions Order plays a positive role.In practice,the application of the crime of forced transaction is often controversial in the objective aspect,through the analysis of the behavior of means and the act of purpose,as well as the comparison with other similar criminal acts.To provide a theoretical basis for judicial practice.