2018 Supreme People's Court、Supreme People's Procuratorate、Ministry of Public Security、The Guidance Opinions on Several Issues on Cases of Crime Crime Cases (hereinafter referred to as "Guidance Opinions") issued by the Ministry of Justice，Definition of the "threat" of the composition of forced transactions implemented by the evil forces of the evil forces，It is limited in the sense of distinguishing from the "intimidation" in the crime of provoking trouble。Through the above two regulations，The meaning of the "threat" in the crime of forced trading implemented by the evil forces should be said to be clearer，But from the perspective of judicial practice，The understanding of "threat" still has deviations，Therefore, the author tries to further explain the "threat"。

"Guidance Opinions" Article 17 (1) of item (1) clearly clarified the soft violence implemented by the evil forces，At the same time, the constituent elements of the "threat" constituent elements in the crime of compulsory trading implemented by the evil forces are defined and limited。According to this regulation，"Organizational use of nourishing、entanglement、Make trouble、Juguzhong and other means to disturb the normal work、Life Order，Bet365 app download Psychological fear or psychological compulsory for others，The intimidation stipulated by Article 293, paragraph 1 (2) of Article 293 of the Criminal Law、The threat stipulated in Article 226 of the Criminal Law，At the same time, it meets the conditions of other crimes，It should be guilty of provocation、Crime punishment for the crime of forced transaction "。Careful analysis can be found，The above provisions include the following six meanings。

First，If you want to determine a common criminal tissue body as a "soft violence" type of evil forces，The common criminal tissue must be "organized" to use nourishing、entanglement、Make trouble、Four ways of behavior such as gathering public potential。In other words，If it is not "organized land", use trouble、entanglement、Make trouble、Four ways of behavior such as gathering public potential，but a single place、Use a certain behavior method in individual behavior，The crime of compulsory trading implemented by the Organization of the Evil forces，It may only be the crime of compulsory trading performed by ordinary criminal subjects。

Second，"Psychological fear" and "psychological force" correspond to Article 293 of the Criminal Law Article 293 of the "intimidation" in the crime of provoking trouble and the "threat" in the crime of forced transactions。For the victim，Psychological force is more serious psychological fear than psychological fear。If it is only the Bet365 lotto review psychological fear of the victim, it does not reach the level of psychological compulsory，It should not be identified as the "threat" of forced transactions。Psychological compulsory here，refers to the psychological attitude of the victim's heart based on the behavior of the perpetrator that is extremely depressed and dare not dare to be a certain behavior。Therefore，It should be limited to the degree of harm of the "threat" behavior，behavior here，It should not be all the "threat" behavior，but should be a behavior that has a psychological impact on the victim，This is just like the actor inserts the bamboo stick on the person's legs and the non -important part of the victim causes minor injuries.，The behavior of the perpetrator to insert bamboo sticks in the legs of the victim's legs is not a behavior in the sense of criminal law，Therefore, it is impossible for an actor to constitute the crime of intentional injury，and at most constituted the crime of death and death。analogy，The "threat" behavior of "threats" in the crime of enforcement trading must also reach a certain degree of harm，Simple threats are not the "threat" in the crime of forced trading performed by the evil forces，In the case of no harmful consequences that the victim cannot produce psychological compulsory，Threat behavior is no different from the "intimidation" in the crime of provoking trouble。

third，Whether it is the bet365 best casino games psychological fear in the provocation or the psychological compulsory of the crime of forced transaction，The source of the source should not be the fear of itself，and must be someone else、External behavior affects the psychological effects of the victim，This involving the identification and evaluation of the behavior in criminal law，Is the objective state of others evaluated as a question of behavior，The answer is of course negative。This is not only because the objective state of others cannot reflect its consciousness and will，and the psychological fear result caused by the self -pressure of the victim, there is no causal relationship。In the absence of an external force of the person，The subjective psychological attitude of the victim's own fear，Regardless of whether this psychological fear reaches the level of psychological compulsory，None of them can be identified as "psychological compulsory"。

fourth，The criminal behavior of the criminal organization organized by the evil forces to form a crime of compulsive transactions must be disturbing、entanglement、Make trouble、Juguzhong and other means。If the above means are not implemented，or although it looks objective in line with some means，But in fact, it does not meet the principles of subjective and unified unity，It still does not belong to one of the above means。If it was originally a multi -person division of responsibilities is Bet365 lotto review engaged in your own work，Seeing others quarrel and watching without doing any words、Expressed in action，Then it still does not belong to the creation of the public。

Fifth，The "threat" of the crime of forced transactions must reflect the cause and effect between behavior and results。behavior here，It can be a threat act with violence as the content，It can also be a threat that does not take violence as the content，But all must reach a certain degree，instead of threatening behavior in all senses，Otherwise, it will not be distinguished from the meaning of "intimidation" in the crime of provoking trouble; and，Threat behavior even if it reaches a certain degree, it is not the whole of the internal appearance of "threat"，Definition of "threat" according to these clauses，"Threat" includes not only behavior，also includes results，It can also be understood as a state，That is the threat behavior acting on the actor，The actor must be in a "psychological force" state for this，The "intimidation" in the crime of provoking trouble is a simple threatening behavior，Neither the degree of harm of behavior，Do not require behavior to cause the harm of "psychological compulsory"。It is not difficult to see from the above analysis，The "threat" in the crime of forced transactions is a collection of behavior、Results、Complex that integrates causal relationships。If there is no such psychological compulsory result，Naturally, bet365 live casino games there is no such cause and effect，content that is not a "threat"。

Sixth，"Threat" is a necessary component of the crime of forced transactions rather than sufficient conditions。According to the provisions of Article 17 (1) of Article 17 (1) of the Guidance，Criminal behavior implemented by the Organization of the evil forces to constitute a "soft violence" type of compulsory trading，"Threat" is just one of the crimes of the crime，To constitute this crime，It still needs to be available for other constituent elements。

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(the author is a researcher at Chongqing University of Technology and Business University Chongqing Integrity Research Center)