强迫交易罪司法问题研究

On the Judicial Problem about the Crime of Forcing Deal

市场经济的发展过程中,强迫交易行为频繁发生。在强迫交易罪的司法实践中,也遇到一些困难。正确地界定强迫交易罪中的暴力、胁迫的含义,划清它与抢劫罪、敲诈勒索罪等相似罪的界限,以及其一罪与数罪的界限,对于刑事司法实践正确认定本罪会有所帮助。

The action of forcing deal happened more and more frequently with the development of market economy. There are some difficulties in judicial practice of the crime of forcing deal. How to correctly define the meaning of ＂force＂ and ＂coerce＂ in the crime of forcing deal, and how to make a clear distinction among some assembled crimes such as robery crime and extort and racketeer crime and the difference between one crime and several other crimes are of great help to correct identification of the crime of forcing deal in criminal trial practice.