Discussion On Determining The Nature Of Forcing Other People To Become A Shareholder

Along with our country entered the period of social transition and the rapid development of market economy,forcing other people to become a shareholder as a new form of crime begin to appear.The behavior of forcing other people to become a shareholder means someone force the victim to buy a share and become other companies' shareholders through the way of violence,threat and so on.According the differences of subjective intent,these behaviors can be divided into “forcing other people to become a shareholder with specific purpose” and “forcing other people to become a shareholder without specific purpose”.Moreover,the type of the behavior of forcing other people to become a shareholder with specific purpose also can be divided two conditions,which are “forcing other people to become a shareholder with the purpose of damaging property” and “forcing other people to become a shareholder with the purpose of illegal possession”.Currently,there are different theories on determining the nature of forcing other people to become a shareholder,mainly include the theory of innocence,the theory of intentional destruction of property crime,the theory of crime of forced transaction and the theory of the defiance and affray crime.All of these theories have certain rationality,but the analysis of the structure are abstract in general.In order to determine the nature of forcing other people to become a shareholder,there are some questions need to clarify.Firstly,forced transaction refers to forcing victim to trade with proper price through the way of violence,threat and so on.Secondly,the behavior of importunity in the defiance and affray crime is request and payment in physical.Moreover,such request and payment doesn't exist illegal possession purpose,at the same time,there are no causal relationship between behavior and purpose.Lastly,the destructive behavior in intentional destruction of property crime refers to the decrease or loss in the property utility,which including positive and negative aspects.According to different types to determine the nature of forcing other people to become a shareholder is needed.The actor constitute intentionally damaging property crime,who force other people to become a shareholder with the specific purpose of damaging property.If the forcing caused victim serious injury and other serious consequences,the actor should be given a combined punishment for intentional destruction of property crime and crime of willful and malicious injury.According to the level of forcing and the authenticity of trade,the behavior which forcing other people to become a shareholder with the specific purpose of illegal possession can be divided into four kinds.Firstly,the actor constitute the offense of robbery or crime of extortion when the level of forcing is serious and don't exist an authentic trade.Secondly,the actor should be given a combined punishment for crime of forced transaction and crime of willful and malicious injury,when the level of forcing is serious and exist an authentic trade.Thirdly,the actor constitute the crime of forced transaction when the level of forcing is slight and exist an authentic trade.Lastly,if the victim is a businessman,the actor will constitute the crime of forced transaction when the level of forcing is slight and don't exist an authentic trade,if not,the actor will constitute the crime of extortion.According to the level of forcing and the damage to social public order,the behavior which forcing other people to become a shareholder without specific purpose also can be divided into four kinds.Firstly,the actor should constitute the imaginative joinder of offenses between crime of intentional injury and the defiance and affray crime,when the level of forcing is serious and damage to social public order.Secondly,the actor constitute crime of intentional injury when the level of forcing is serious but do not damage to social public order.Thirdly,the actor constitute the defiance and affray crime when the level of forcing is slight but damage to social public order.Lastly,it can be identified as innocence when the level of forcing is slight and do not damage to social public order.