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Analysis of Forced Transaction Confirmation

Author: PengQiang
Tutor: WuShuangQuan
School: Lanzhou University
Course: Legal
Keywords: Forced Transaction Constitute a crime Robbery Extortion Defraud
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 113
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Abstract

The crime of forced trading is a count of the new Penal Code in 1997 , the establishment of this crime is the order of the socialist market economy in order to maintain , improve and protect the socialist economic order . With the implementation of the market economy in our country , some to dominate the market , the hard sell phenomenon disturbed the normal trade order . In the new Penal Code of 1997, before the amendment of such vile acts often deal with the crime of speculation or hooliganism , 97 Criminal Law Amendment abolished the crime of speculation and hooliganism , specially set up to combat such violations forced trading sin. However , due to the provisions of the Penal Code is too sketchy and broad representation of this crime , and the theorists of this crime is not a lot in the process of recognition led to the crime of forced trading there has been some controversy . Have caused widespread concern Zhengzhou the astronomical Barber case , for example , of controversial crime of forced transactions identified process analysis . This article consists of three parts , a brief introduction to the basic facts of the case and the court of the first part of Zhengzhou the \For a variety of controversial point of view , the second part of the combined case detailed analysis , the first analysis of the first view, that this case constitutes the crime of forced trading analysis and appraisal from the forced trading Object of the Crime and objective aspects of the subject of a crime , as well as subjective aspects and combine the merits of the constituent elements come to the case in line with the crime of forced trading ; followed by the analysis of the second view , that this case constitutes a robbery , to constitute all respects with the crime of forced transactions conducted a comparative analysis from the crime of robbery ; analysis of the third view again , that constitute extortion case , a comparative analysis of all aspects from the crime of extortion constitute the crime of forced trading ; Finally, the fourth point of view that case the perpetrator's behavior constituted fraud brief analysis . The third part for the case finds that the problems sparked controversy in the process , combined with our current criminal law , the analysis of defects in the legislative provisions of the criminal law crime of forced trading , for the problems put forward several suggestions to improve the crime of forced trading legislation .

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