Research On Judicial Identification Of Forced Transaction Crime

There is no doubt that the establishment of the offence of forced trading has had a positive effect on the maintenance of fair trade.However,as we can see from the judicial practice in recent years,the means of committing this crime are becoming more and more diversified,and the deterrent effect of the provisions of the 1997 Criminal Law on this crime is gradually decreasing.In 2011,Amendment VIII to the Criminal Code further specified the purpose of the offence.We cannot deny the efforts made by the judicial practice to enrich the connotation of this crime,but the most urgent task now is how to use the cases in practice to identify the means,the purpose and the harmful results of this crime,as well as what circumstances should be punished as a separate crime,so as to provide operative guidance for the subsequent judicial practice.This article is divided into four parts,in addition to the introduction,to study the judicial determination of the crime of forced trading,as follows.The first part of the paper is divided into the following four parts,in addition to the introduction.In the first part,the author selects three typical cases that have been discussed in both practice and academic circles through the collection of data and repeated consideration,and extracts the focus of controversy through the introduction of the causes and circumstances of the cases.The second part discusses the judicial application of the objective aspects of the three cases focusing on how the harmful acts and results of the crime should be identified in judicial practice.The third part discusses the judicial application of the subjective aspects of the three cases and analyses the nature of the cases,trying to clarify the difference between the crime of forced trade and the crimes of robbery,intentional destruction of property,provocation and extortion from the facts of the cases.The fourth part takes the case as a starting point to consider the difficulties in the current judicial practice and proposes relevant suggestions for improvement,with a view to contributing to the judicial practice of criminal law.