On The Determination Of The Crime Of Forced Transaction

In recent years,the phenomenon of forced trading is common,which seriously affects the order of market trading and people's daily life.The Amendment to the Criminal Law(Eight)supplements and increases the types of behavior and sentencing circumstances of the crime of forced transaction,which further expands the application space of this crime.However,due to the complexity of the crime of forced transaction itself and the lack of clear and specific application standards,there is an unclear determination of the composition of the crime and the boundary between the crime and another crime in judicial practice.Based on specific cases,the article summarizes the focus of disputes,leads to the difficult problems and theoretical differences in the understanding of the crime of forced transaction in practice,and conducts in-depth analysis on the constituent elements of this crime and the distinction between crimes,in order to clarify the judicial dilemma of the identification of this crime.The article starts with typical cases and controversial focus,and uses case study,literature research,semantic interpretation,system interpretation and other methods,from the analysis of the crime composition of forced transaction crime,the object of this crime is analyzed,the objective aspect of "violence and threat" behavior is defined,this paper analyzes the "transaction" behavior from several aspects of non-market transaction,illegal content transaction and transaction behavior consideration payment;the identification of "serious" and "particularly serious" are expounded,the main body and the subjective aspects of this crime are defined;and the crime of forced transaction and extortion is analyzed.