论强迫交易罪

On the Offence of Transaction by Force

强迫交易罪是指以暴力、威胁手段强买强卖商品 ,强迫他人提供服务或者强迫他人接受服务 ,情节严重的行为。该罪是我国司法实践中常见的犯罪之一 ,但我国刑法理论对该罪缺乏详细、深入的研究 ,司法机关亦缺乏具有可操作性的司法解释。鉴于此 ,本文详细分析论述了强迫交易罪的犯罪构成特征、罪与非罪的界限、犯罪既遂与未遂的标准以及该罪与抢劫罪。

WT5”BZ]:The offense of transaction by force refers to the act of severely using violent or threatening methods to sell or buy goods and compelling others to provide or receiving service. This offence is a common one in judicial practice. But there isn't any detailed or deep study in the criminal theory and the judiciary is lack of the flexible judicial interpretation. Therefore, the author analyzes, in detail, the characteristics of the offence of by force, the difference of guilty or not guilty, the standard of accomplished or unaccomplished offence and its difference with the offences of robbery and extort and racketeer. [WT5”HZ]