A Analysis On The Demarcation Between The Crime Of Forced Transaction And The Crime Of Robbery

In judicial practice,crimes of forced transaction and robbery occur frequently,and both of them are common and frequent in China.Although it is relatively clear to understand the crime of forced transaction and the crime of robberyin the concept of the legal principle,there are many intersection areas in judicial practice,so it is easy to cause confusion and even produce the phenomenon of "same case,different sentences",which is not conducive to the improvement of judicial credibility and the successful development of judicial work.From the perspective of the criminal means of the perpetrator and the manifestation of "transaction",this paper focuses on the difference between the crime of forced transaction and the crime of robbery,and probes into some controversial issues to distinguish the crime of forced transaction from the crime of robbery effectively.Apart from the introduction,this paper consists of four parts.The first part firstly defines the concept of the crime of forced transaction and the crime of robbery and sorts out the legislative evolution of the two crimes respectively.Then it analyzes the main reasons that cause the two crimes to be easily confused in the judicial practice,including the similarity of the criminal acts and the confusion of the forms of expression.Finally,the theoretical basis of the demarcation between the crime of forced transaction and the crime of robbery is explored.The second part combines the judicial cases to distinguish the crime of forced transaction from the crime of robbery under the guise of transaction.The first section analyzes the difference between the means of coercion of two crimes from four perspectives: the degree of duress,the time for the realization of duress,the time for the acquisition of illegal benefits under duress and the way of duress.Section two analyzes the difference between the means of violence of the two crimes from the perspectives of the degree of violence and the time when the violence gains illegal benefits,and refuted some points of view on the division of the two crimes violence.Section three analyzes the differences between the criminal means of two crimes from the perspective of particular "other methods" of crime of robbery.The third part distinguishes the crime of forced transaction from the “transaction” of the crime of robbery under the guise.The first section analyzes the differences between the two crimes in the consideration of "trade" combining with the regulations of "opinions on the two robbery".The second section explores the difference between the two crimes from the perspective of the legality of the content of "transaction".The third section refutes the views of some scholars and demonstrates that there is no difference between the "trading" subjects of the two crimes under the circumstance that all the trading subjects are natural persons.The fourth part firstly summarizes the standard of the boundary between the crime of forced transaction and the crime of robbery from the theoretical and practical perspectives,and then confirms several kinds of difficult cases that are easily confused between the crime of forced transaction and the crime of robbery,including the behavior of "baiting and racketeering","fake routine loan" and obtaining refund by means of violence,etc.In the case of the difference between the two crime for the perspective of criminal means and the form of transaction,the specific accusations constituted by the perpetrator are not quite the same,so it is necessary to combine the specific details of the case to determine whether the perpetrator constitutes the crime of forced transaction or the crime of robbery,or other related crimes.