The crime of forced trading refers to the act of buying and selling goods by means of violence or threat, forcing others to provide services or forcing others to accept services, and the circumstances are serious. In our daily life, forced buying and selling, forcing others to provide services or forcing others to accept services occur from time to time, which violates the principle of market transactions, destroys the order of market transactions and infringes on the legitimate rights and interests of consumers or operators.

Correctly identify the crime of forced trading;

(A) Crime and non-crime

It is not uncommon to find that forced trading is an illegal act that disrupts the order of market management. Therefore, in order not to hit too hard, this law stipulates that forcing commodity trading must reach a serious level to constitute a crime.

The so-called serious circumstances should include the following points:

1, resulting in improper transactions and a large amount of illegal profits;

2. Repeated forced transactions;

3. The social impact is bad;

4. Causing serious consequences to the victims and their families;

5. Forced trading seriously disrupts the market;

6. Two or more people * * * conduct forced transactions. If the perpetrator uses slight threats to force others to accept or provide services, the behavior is very restrained and the profit is limited, and the circumstances are obviously minor and the harm is not great, it is a general illegal act and cannot be considered as a crime.

(B) How to correctly identify the "transaction"

The conviction of this crime in "transaction" must occur in the transaction of goods or services, and there is a transaction fact between the actor and the victim, although this unequal transaction is a transaction that one party forces the other party to accept. If there is no such transaction, if the actor uses violence, coercion or other methods on the spot for the purpose of illegal possession, it should be considered as robbery and does not constitute the crime of forced transaction.

(3) One crime and several crimes

When committing the crime of forced trading, the violent behavior of the perpetrator may cause casualties. If casualties are caused, although there is a relationship between the crime of forced trading and injury or murder, they should be convicted and sentenced separately and punished for several crimes.