What is the crime of forced trading? What is the crime of forced trading

Object element: This crime not only infringes upon the legitimate rights and interests of the counterparty, but also infringes on the order of the commodity trading market. Commodity trading is a legal relationship between equal civil subjects, and the principles of voluntariness and fairness in market transactions should be followed.

However, in today's life, the phenomenon of forced buying and selling, forcing others to provide services or forcing others to accept services occurs from time to time, which violates the principles of market transactions, undermines the order of market transactions, and infringes on the legitimate rights and interests of consumers or operators. If the perpetrator uses violence or threats to force the transaction, it will be a serious harm to society, and if the circumstances are serious, criminal responsibility shall be pursued in accordance with law. Objective Elements:

This crime is objectively manifested as the use of violence or threats to force the purchase and sale of goods, to compel others to provide services, or to compel others to accept services, and the circumstances are serious. This crime is a circumstantial offence and can only be constituted if the act of forcing another person to trade reaches the aggravating circumstance. The circumstances are not serious, and even if the act of forced buying and selling is carried out, it cannot be punished as this crime.

The so-called serious circumstances mainly refer to multiple forced transactions; Carrying out forced transactions to illegally obtain a relatively large amount; Forcing transactions by gangs that cause a vile impact; Bad means; Forcing foreigners to trade; The content of the forced transaction is inferior; Wait. Subject Element: The subject of this crime is a general subject.

Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime, and an entity can also constitute this crime. Where a unit commits this crime, a two-penalty system is to be implemented, that is, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article. Subjective Elements:

This crime is subjectively manifested as direct intent, and indirect intent and negligence do not constitute this crime. Legal basis: Article 226 of the Criminal Law of the People's Republic of China provides that 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 and a concurrent fine is to be given

1) Forced purchase and sale of commodities; (2) Forcing 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.

Legal Analysis: The crime of forced trading refers to the use of violence or threats to force the purchase and sale of goods, or the use of force to force others to provide services or force others to accept services, where the circumstances are serious. The subject of this crime is a general subject.

Legal basis: Article 226 of the Criminal Law of the People's Republic of China: The crime of forced trading refers to the use of violence or threats to forcibly buy and sell goods, to compel others to provide services or to force others to accept services, and the circumstances are serious.

The crime of forced trading refers to the use of violence or threats to force the purchase and sale of goods, to compel others to provide services, or to compel others to accept services, where the circumstances are serious. The constitutive elements of the crime of forced transaction mainly include the following four points:

2. Objective elements, this crime is objectively manifested as the use of violence or threats to force the purchase and sale of goods, to compel others to provide services, or to force others to accept services, and the circumstances are serious;

3. Subject Elements: The subject of this crime is a general subject;

4. Subjective element, this crime is manifested in the subjective aspect of direct intent.

Criminal Law of the People's Republic of China

Article 226.

Where violence or threats are used to carry out any of the following conduct, 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 up to three years imprisonment of up to seven years is to be given, and a concurrent fine

1) Forced purchase and sale of commodities;

2) Forcing 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.

Legal Analysis: The crime of forced transaction refers to the use of violent means to suppress the victim, so that the victim has a fear of psychology, so as to coerce the victim to carry out transactions, including goods, services, bidding, auctions, etc. Anyone who commits the crime of forced trading shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall be fined or only fined Nian Linghongjin.

Legal basis: Article 226 of the Criminal Law of the People's Republic of China provides that 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 and a concurrent fine is to be given

1) Forced purchase and sale of commodities;

(2) Forcing 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.

The crime of forced trading is a criminal case that disrupts the order of the market. 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. The main body of the crime of shouting and touching oak is a general subject.

Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.

[Legal basis].

Article 226 of Zheng Rutan's Criminal Law: Where violence or threats are used to force the purchase or sale of 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. Article 231:Where a unit commits the crimes provided for in Articles 221 through 230 of this Section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of each article of this Section.

The crime of forced trading is constituted by the following elements: the object of infringement is the legitimate rights and interests of the counterparty and the order of the commodity trading market; Objectively showing that Hu Shouque is an act of forcibly buying and selling goods by means of violence or threats, forcing others to provide services, or forcing others to accept services, and the circumstances are serious; The main body of the crime of potato spring is the general main body pants early; In the subjective aspect, it is manifested as direct intentionality.

Legal basis] Article 226 of the Criminal Law.

Where violence or threats are used to carry out any of the following conduct, 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) Forced purchase and sale of commodities;

(2) Forcing 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.

The crime of forced trading is constituted by the following elements: the object of the infringement is the legitimate rights and interests of the counterparty to the transaction and the order of the commodity trading market; Objectively manifested as the use of violence or threats to force others to buy and sell goods, to compel others to provide services, or to compel others to accept services, where the circumstances are serious; The subject of the crime is an ordinary subject; In the subjective aspect, it is manifested as direct intentionality.

Article 226 of the Criminal Law.

Where violence or threats are used to carry out any of the following activities, 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) Forced purchase and sale of commodities;

(2) Forcing 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.