The Boundary Between The Crimes Of Forced Transaction

The most essential feature of the crime of forced transaction is that the perpetrator uses the means of threat of violence against the will of others and forces others to trade.In short it is the combination of compulsion and transaction.However,in the Special provisions of Criminal Law in China,there are many charges of taking force as a means to act,and the legislative provisions of the crime of forced transaction are relatively simple,which leads to the confusion between the crime of forced transaction and other crimes in practice.Based on this,this paper starts with the essence of the crime of forced transaction,and distinguishes the crime of forced transaction from the crime of robbery,extortion and provocation.Comparative analysis and other methods are used to determine the boundary between the crime of forced transaction and that of other crimes in order to provide a useful reference for the theoretical research and judicial practice of the crime of forced transaction.This article starts with the special behavior structure of the crime of forced trading,and through the concrete analysis of the violent threatening behavior and the trading behavior of the crime of forced trading,it elaborates the particularity of the execution behavior of the crime of forced trading.It is pointed out that the transaction of the crime of forced transaction is mandatory,illegal in content and non-market,while the violent act of this crime has the characteristics of specific object,specific means and unrestricted in degree.The coincidence of the means and the complexity of the transaction is the reason why it is difficult to distinguish the crime of forced transaction from the crime of robbery,the crime of extortion and the crime of picking quarrels and provoking trouble.When it comes to the specific distinction between the crime of forced transaction and other crimes,it is mainly divided into three parts: the basic situation of the case and the qualitative differences,the legal analysis of the distinction and the establishment of the boundary between crimes.First of all,the relevant dispute cases as a starting point,a simple point of the qualitative differences in the case and the distinction of difficult issues.Secondly,the author analyses the academic disputes,practice and the reasons why it is difficult to distinguish the crime of forced transaction from the related charges,anddescribes the author's opinions on the related issues.Finally,the proposed distinction between the crime of forced trading and other charges,lies in the act of means and purpose of the double-judge,and the controversial case analysis of the conclusion.