The difference between the crime of forced trading and several types of crimes

Article 226:Where violence or threats are used to forcibly buy or sell goods, or to compel others to provide services, or to compel others to accept services, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

Interpretation] This article is about the crime of forced trading and the punishment of punishment.

The term "using violence or threats to force others to buy and sell goods, forcing others to provide services, or forcing others to accept services" as provided in this article refers to the perpetrator's use of violent methods or threats. For example, in commodity trading, the counterparty is forced to accept an unfair transaction by means of violence such as beating or threatening by means of overwhelming people, rather than in a fair and voluntary manner; "Forced purchase and forced sale of commodities" refers to the act of forcibly buying or selling commodities by means of violence or threats in violation of laws, regulations and commodity trading rules in commodity trading, regardless of whether the counterparty agrees; "Forcing others to provide services" mainly refers to the act of forcing the other party to provide certain services by means of violence or threats regardless of whether the service provider agrees or not, without regard to the actor's enjoyment of service consumption; "Forcing others to accept services" mainly refers to the behavior of catering, tourism, entertainment, beauty services, maintenance and other service industries that violate laws, regulations, business ethics and the principles of fairness and voluntariness in the course of business, and use violence or threats to force consumers to accept their services regardless of whether they agree or not.

As long as the perpetrator has the act of forcibly buying and selling goods, forcing others to provide services, or forcing others to accept services by means of violence or threats, and the circumstances are serious, it constitutes a crime and is convicted and punished as the crime of forced transaction. Where the perpetrator constitutes the crime of compelled transactions, and the circumstances are serious, the sentence is up to three years imprisonment or short-term detention and/or a fine.

[Legal basis].

Article 226 of the Criminal Law: Where violence or threats are used to force the purchase or sale of goods, to compel others to provide services, or to compel others to accept services, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine. Article 231:Where a unit commits the crimes provided for in Articles 221 to 230 of this Section, the unit shall be fined, and the personnel in charge of the principal bank and other persons directly responsible for the direct interception shall be punished in accordance with the provisions of each article of this Section.

Legal Analysis: The crime of forced trading is a criminal crime of violent offenders.

Legal basis: Article 226 of the Criminal Law of the People's Republic of China: Where violence or threats are used to carry out any of the following acts, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) forcibly buying or selling commodities; (2) Coercing others to provide or accept services; (3) Forcing others to participate in or withdraw from bidding or auctions; (4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise; (5) Forcing others to participate in or withdraw from Linghong's specific business activities.

The crime of forced trading is a violent crime. 1.According to Article 226 of the Criminal Law, the crime of forced trade refers to the act of forcing others to buy or ** goods by means of violence or threats, or forcing others to provide services or accept services, in the transaction of goods, and the circumstances are serious.

Objectively, it is manifested as the use of violence or threats to force others to provide services or to force others to accept services. The subject is the demander or provider of goods and services. Article 226 of the Criminal Law Whoever commits any of the following acts by means of violence or threats, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

1) Forced purchase and sale of commodities; (2) Coercing others to provide or accept services; (3) Forcing others to participate in or withdraw from bidding or auctions; (4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise; (5) Forcing others to participate in or withdraw from specific business activities.

1. What kind of crime does the crime of forced transaction belong to?

1. The crime of forced trading is a criminal crime of violence. The crime of forced trading refers to the use of violence or threats to force others to buy vertical auctions or ** commodities, or to force others to provide services or accept services, and the circumstances are serious.

2. Legal basis: Article 226 of the Criminal Law of the People's Republic of China] Whoever commits any of the following acts by means of violence or threats, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine is to be given

1) Forced purchase and sale of commodities;

(2) Coercing others to provide or accept services;

(3) Forcing others to participate in or withdraw from bidding or auctions;

(4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise;

(5) Forcing others to participate in or withdraw from specific business activities.

2. What are the constituent elements of a forced transaction?

2. Objective aspect: It is manifested in the use of violence and threats to force the purchase and sale of goods, and the compulsion of others to provide services or accept services;

3. Subject: The main body is a general subject. A natural person who has reached the age of criminal responsibility can be constituted;

4. Subjective aspect: In the subjective aspect, it is manifested as direct intentionality. Indirect intent and negligence are not constituted.

Legal Analysis: The crime of forced trading is a violent crime. According to the provisions of the relevant national laws, it can be known that the crime of forced transaction refers to the use of violence or threats to force the purchase and sale of goods, to force others to provide services, or to force others to accept services, and the circumstances are serious.

The subject of this crime is a general subject, and as long as Wang Gao, a natural person who is at least 16 years old and has the capacity for civil conduct, a crime can be constituted.

Legal basis: Article 226 of the Criminal Law of the People's Republic of China: Where violence or threats are used to carry out any of the following acts, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, a sentence of between three and seven years is to be given, and a concurrent fine: (1) forcibly buying or selling goods; (2) Coercing others to provide or accept services; (3) Forcing others to participate in or withdraw from bidding or auctions; (4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise; (5) Forcing others to participate in or withdraw from specific business activities.