The circumstances that constitute the crime of forced trading are as follows:
1, buy and sell goods;
2. Forcing others to provide or accept services;
3. Forcing others to participate in or withdraw from bidding and auction;
4. Forcing others to participate in or withdraw from specific business activities;
5. Forcing others to transfer or buy stocks, bonds or other assets of companies and enterprises.
The criteria for filing the crime of compulsory trading include:
1. Forcing others to provide services or accept services by means of violence or threats, causing minor injuries to the victim;
2, causing direct economic losses of more than 2000 yuan to others;
3. Forced trading for more than 3 times, or forced trading by more than 3 people;
4. Forcing others to buy fake and shoddy goods for more than 5,000 yuan, or making illegal profits for more than 1000 yuan, etc.
Four elements of the crime of forced trading:
1, Object Elements: This crime not only violates the legitimate rights and interests of the counterparty, but also violates the order of the commodity trading market. Commodity trading is a legal relationship between equal civil subjects, and the principles of voluntariness and fairness should be followed in market transactions. However, in current life, the phenomenon that both parties buy and sell by force, force others to provide services or force others to accept services occurs from time to time, which violates the market transaction principle, destroys the market transaction order and infringes on the legitimate rights and interests of consumers or operators. If the perpetrator forcibly trades by means of violence or threats, it will cause serious social harm. If the circumstances are serious, criminal responsibility shall be investigated according to law.
2. Objective elements: This crime is objectively manifested as the act of forcing others to provide services or accept services by means of violence or threats, and the circumstances are serious.
3. Subject elements: The subject of this crime is the general subject. All natural persons who have reached the age of criminal responsibility can constitute this crime, and according to Article 23 1 of this section, the unit can also constitute this crime. Where a unit commits this crime, a two-penalty system shall be implemented, that is, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
4. Subjective elements: This crime is subjectively manifested as direct intention, while indirect intention and negligence do not constitute this crime.
To sum up, the relationship between "serious circumstances" and "particularly serious circumstances" in the crime of forced trading is not the relationship between criminal circumstances and sentencing circumstances, but "particularly serious circumstances" should be an upgrade of "serious circumstances". In view of this, when determining the "especially serious circumstances" in this crime, we should focus on the coercive means of forcing others to trade, the number or times of forced trading, the price of forced trading and other factors.
Legal basis:
Article 226 of the Criminal Law of People's Republic of China (PRC)
Crime of forced trading commits one of the following acts by violence or threat. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) buying or selling goods by force;
(2) Forcing others to provide or accept services;
(three) forcing others to participate in or withdraw from the tender and auction;
(4) Forcing others to transfer or purchase stocks, bonds or other assets of companies or enterprises;
(5) Forcing others to participate in or withdraw from specific business activities.