Research On The Knotty Problems Of The Crime Of Forced Transaction

At this stage,the phenomena of forced buying and selling,and underworld forces bullying the market have seriously affected people’s daily life and market order.The “Amendment VIII to the Criminal Law of the People’s Republic of China” has detailed the application of the crime of forced transaction.However,due to the complexity of the transaction form and the general nature of this crime,there are often cases of unclear identification of this crime and related crimes in judicial practice.This article analyzes the existing theories,based on specific cases,to study the difficult problems of this crime.Regarding the criminal object of this crime,there are contradictions between the single object theory and the complex object theory.It should be considered that the object of this crime is a complex object,that is,a fair and free market order and the personal and property rights of the counterparty in the transaction.This crime is a crime of repetitive behavior,including means behavior violence,threats,and purpose behavior transactions.Violence and threat behavior serve the realization of the perpetrator’s transaction goals.The objects of violent acts include both objects,counterparties and third parties other than the transaction;the degree of violence does not need to be defined,and those that cause minor injuries or more to a person shall be dealt with as imaginary co-criminals.The object of the threat is the counterparty of the transaction,and it is enough to make it fearful.Transactions include compulsory,reasonable price and other characteristics,and prohibited circulated objects are not part of the content of this crime transaction.The subject of this crime includes a third party other than the transaction.The conviction of this crime is "serious circumstances",and the sentencing circumstances are "particularly serious",and its determination needs to consider the severity of the criminal result,the infringement of legal interests of the criminal act,and the subjective malignancy of the perpetrator;while committing this crime,Those that cause minor injuries or minor injuries to the counterparty fall into the category of serious circumstances;those that cause serious injuries or death to the counterparty fall into the category of particularly serious circumstances.According to the principle of protection of legal interests,the completion of this crime must not only reach the seriousness of the circumstances,but also cause the infringement of legal interests.In terms of the distinction between this crime and the crime of robbery,and the crime of extortion,from the perspective of means behavior,the means behavior of robbery crime is on the spot,and its violent behavior can only be carried out on the counterparty.Implementation,implemented before,during or after the transaction can constitute this crime;the violent behavior in the crime of extortion can only reach the level of mental pressure on the other party.Whether there is a real transaction in the purpose of behavior is the key to distinguish.Finally,this article analyzes the practices in practice based on specific cases.