胁迫类犯罪研究——兼析强迫交易罪及强迫职工劳动罪

The Research into the Crimes of Forcing Kind —analyzing the crime of transaction by force and the crime of forcing workers to work

国外刑法除规定各种具体的胁迫类罪名外 ,还规定了胁迫罪和强要罪。为避免刑罚处罚的空隙 ,有效保护公民的意思决定自由 ,我国应增设胁迫罪罪名。不发生在商业活动领域的强迫交易行为 ,不构成强迫交易罪。强迫职工劳动罪 ,是自然人犯罪 ,不是单位犯罪。

The foreign criminal laws regulate not only all kinds of the crimes of specific forcing kind, but also crimes of forcing and crimes d wanting by force. To avoid the punishment loophole and protect citizen freedom of intention decision, our country should add the crime of forcing . If the action of transaction by force doesn＇t happen in business domain, it isn＇t crimes of transaction by force. The crime of forcing workers to work is the crimes by natural person but not unit.