On The Coercion Of Crime Of Forced Transactions

The Criminal Law(1979) states that these force others to purchase or sellcommodities or provide or accept services commits the crime of undermining theorder of socialist market economy, while no specific charge was made. In general,judges defined these crimes as illicit speculation or hooliganism in juridical practice.The Criminal Law (97Revision) repeals the crime of illicit speculation andhooliganism. Article226, for the first time, defines crime of forced transactionsclearly. It reads as follows:“Whoever, by violence or coercion, forces others topurchase or sell commodities or provide or accept services is to be sentenced to notmore than three years of fixed-term imprisonment, criminal detention, and may inaddition or exclusively be sentenced to a fine, if the circumstances are serious.” AsChina deepens its reform and opening-up and becomes a member of WTO, China’seconomy is experiencing a rapid development, which triggered the increasing forcedtransactions. Legislators must regulate these behaviors with particular article. TheAmendment (VIII) to the Criminal Law of the People’s Republic of China, adoptedin on February25,2011, adds three new types of behaviors that commit the crime offorcing transaction:(1)Forcing any other person to participate in or withdraw from a bidding or audition;(2)Forcing any other person to transfer or acquire stocks orbonds of a corporation or enterprise or any other asset;(3) Forcing any other personto participate in or withdraw from a certain business operation. Facing higherrequirement caused by social development and change, the Criminal Law advanceswith times. However, the most comprehensive law can’t state every case in specificitems. It can’t tell judges which article to refer to when deal with a particular case.Only through judges’ rational thinking and judgment can the law play the role ofhandling cases and settling disputes. Judging the crime of forced transaction is aprocess of turning subjective consciousness into objectivity. Marxism states thatsocial existence determines social consciousness. As a reflection of socialconsciousness, the Criminal Law must develop along with the changing socialsituation. Otherwise, it will hinder the legal system construction and social progressrather than resolve problems. Therefore, the article concerning the crime of forcedtransaction must be developed and improved.Apart from the introduction, the text is divided into five parts. On the whole, itis carefully written according to the writing idea which is raising problem, parsingproblem, solving problem.Chapter one raising problem. Ultimately, the author decided to choose thetremendously representative case that has harmonious society. It is Beijing expensivehairdressing case as introduction opening words of the whole text. The case hascaught criminal law’s theorists and substantive industry wide concern, the scholarspushed forward their own claim about it one by one. All kind of opinions pushedforward by the scholars will be fully analyzed and explained andcomparatively studied, focal issues that come out during the dispute will be proposedand grabbed.Chapter two and chapter three and chapter four parsing problem. The writerthinks, defendant in the case should be found to formcrime of coercive business transactions. Therefore, the writer fully elaborates therelated concept, feature, normal purpose and the specific content ofconstitutive requirements in chapter two and chapter three. Because objective aspects are the most difficult to determine and definition in term of the judgment about thecrime of coercive business transactions in constitutive requirements, the writerespecially and fully elaborates all kind of issues easily confused in the relatedobjective aspects of coercive business transactions, such as trading activity, behaviorpattern and so on. In chapter four, the writer concentrates on the issues of convictiondistinction between the crime of coercive business transactions and other crimes(robbery, extortion and crime of fraud), final purpose is illustrating why the caseonly is judged the crime of coercive business transactions, but not robbery, extortionand crime of fraud.Chapter five solves problem. The crime of coercive business transactions existssome defects, not only in legal rule but also in the process of judicial practice. Forexample, what on earth is “trading activity”, how serious on earth is” thecircumstances are serious enough”, whether legal punishment setting up ofcrime of coercive business transactions is reasonable and so on. We need to improvethe crime of coercive business transactions is reasonable accordingly after theexisted defects are clearly proposed and realized so as to make thecrime of coercive business transactions have vitality criminally, ultimately make itsuitable for long-term program of socialist market economy better.