Research On Judicial Determination Of Forced Trading Crime

Since the reform and opening-up,while China's economic development,the phenomenon of forced transactions in market activities has become increasingly frequent,mainly concentrated in tourism,beauty and construction industries.The forced transactions seriously undermine the fair and free order of market transactions.At the same time,there are also shadows of criminal types involved.With the promulgation of Amendment 8 of the Criminal Law,the statutory penalty of the crime of compulsory transaction has been improved,and the types of behavior have been expanded.However,at present,the identification of the crime of compulsory transaction has the characteristics of ambiguity and difficulty,which leads to the inaccuracy of the determination due to the errors in the application of law in judicial practice.In view of the disputes about the application of the crime of forced transaction in practice,this paper,through the proposition of the cases of Lv and Liu,further analyses the objective aspects and the number forms of the crime of forced transaction,and compares them with other similar crimes,in order to make clear the definition of the objective means and behavior of the crime of forced transaction,and to make clear the stopping forms and the number forms of the crime of forced transaction.The form of crime is discussed and the viewpoint of this article is put forward.Finally,the crime of forced transaction and similar charges are defined,and the case is qualitative,in order to benefit the judicial identification of the crime of forced transaction in judicial practice.