Research on the Issues of the Criminal and Civil Cross of the Crime of Forced Transactions

Abstract

The coerced civil juristic acts with the right of revocation and the crime of forced transaction belong to two concepts which have nothing to do with each other in the scope of civil law and criminal law, but by analyzing the status quo of the judicial practice of he coerced civil juristic acts and the crime of forced transaction, It can be known that the act of forced transaction violated the party’s freedom of will protected by the civil law and the order of social transactions and the personal rights and property rights of the parties regulated by criminal law at the same time. Therefore, even if the civil law provides that the parties have the right of revocation and a civil compensation system, It is still unable to cover the damage suffered by social rights and interests at the criminal level. Civil validity is not equal to criminal legality, so whether in the state of revocable civil juristic acts or after the elimination of the right of revocation of civil juristic acts, it may be established as a crime of forced transaction. It does not violate the principle of the unification of legal order and the modesty of criminal law, and it is also the embodiment of the reform of the principle of judicial trial of criminal procedure prior to civil procedure. And the establishment of the crime does not necessarily mean the criminal responsibility of the perpetrator, the criminal law gives the litigant the scope to be excused.