Elementarily Researching Of The Type Of "Wine Hustler" Cases

With the rapid development of market economy, the destruction ofthe market economic order are also frequent.“wine hustler.” Casesfrequently happen in China. Due to the large number of people involvedin crime and the victim is more extensive, also received high attentionin the judicial trial. But,“wine hustler.” Cases operation chain layersclasp, means of access to property are complicated, also causes in thejudicial trial appeared different opinions and cases. Therefore, theElementarily researching of the type of “wine hustler.” Case it isvery necessary.When I worked as an intern in Songjiang court for Legal AssistantProject, that has ever happened, an organized together “wine hustler.”Case, Songjiang court conviction sentencing, and chose this casesubmitted to the court as a classic case. So, I will use free time tolearn to the teacher, read the relevant dossier and judgment, decidedto analyze these “wine hustler.” Cases as a breakthrough point. I lookfor the“wine hustler.”Cases of judicial precedent, around the "robbery","forced transaction crime" and "extortion","unit and natural person crime subject "," The cognizance of joint crime prime culprit andaccessory " and "combined punishment for several crimes" search data,choose the nearly20papers as references of this article and theoreticalsupport.After learning of the selected literature, the author found thatthe“wine hustler.” Case of systematic research is not much, most ofthe judicial precedents and academic papers are either around "Wine"is a case of robbery or to make crime of forced transactions; or Or isthe study of forced trading, allude "wine holder" cases. This articleis“wine hustler.” Case as the research object, put forward the problemsthat exist in the criterions for the conviction, claim according to thedifferent levels of" wine "behavior and different means of determiningwhat constitutes a crime, respectively. The article may not be able toachieve significant results, but still want to play a reference rolein the judicial practice.Full text consists of three chapters.The first chapter, ask questions. Brief clearly defined the “winehustler.” cases and the basic model, classification to determine thecorresponding task assignment of different roles in the “wine hustler”cases. And, through the examples of judicial precedent,“wine hustler.”cases are divided in their practical operation, It is should classificatethe detailed discussion, according to if there is a specific transaction,means of access to property and level of violence.The second chapter, elementarily researching of the type of “winehustler.” cases. To facilitate the further analysis of “wine hustler.”cases,“wine hustler.” Cases will be divided into three categoriesin the article: Lure type, Fraud-transaction type, Forced-transactiontype, and pointed out that each type specific behavior patterns and features, detailed discussed the every kind of type is Whether or notto constitute a crime, what constitutes a crime.The third chapter, other problems of“wine hustler.” Cases. Thispart, mainly analysis the body of the identified problems in the “winehustler.” cases that may be involved in, points out that the unit canbecome the subject of this crime, also with a natural person can becomea common criminal. According to the different roles in the crime, primethe culprit and accessory. And carry on the simple elaboration aboutcombined punishment for several crimes results in this kind of crime.In the process of thesis writing, because I don’t have enoughtheoretical knowledge and practical experience, there are also villagemany shortcomings, I hope that teachers and students to give correctme.