The Qualitative Analysis Of The Beauty Salon Forcing Customers High Consumption Behavior

As China’s economy is experiencing a rapid development, all kinds of different emerging business model emerged. Behavior and other relevant provisions of the crime of forced trading in1997"Criminal Law" is relatively not so perfect, so due to the lack of legislation led to unite in practice deal with that type of behavior can’t be good to do a penalty when incrimination, a large extent weaken the crackdown. Base on the above reasons, the criminal law bill for amendment(eight) in2011made the adaptability revision to the behavior. Facing higher requirement caused by social development and change, the Criminal Law advances with times. Legislative amendments to reflect changes in the social situation of the development of the criminal law put forward higher requirements for the new, but also demonstrated the characteristics of the times Penal Times. However, the Provisions of the criminal code,of the presentation too brief summary of the crime, leading to the crime of forced transactions occur in the process of recognition of some controversy. So the author take the first case of Jiangsu beauty salon forced transaction as the sample to explore and analyze the dispute during identified in the crime of forced trading through the approach of combing case analysis with legal analysis, eventually come to the conclusion given crime of forced trading. This paper is divided into four parts, about twenty thousand words.The first part:The basic circumstances of the case. At first describe the case of the causeof action as well as the merits of the case made a brief introduction. After focusing on description of proceedings in the case appeared in a variety of divergent views:some people think that belong to ordinary civil fraud case; some people think that this case constitutes a crime of forced trading; some people think that the case be more appropriate for robbery; some people think that the case should be extortion; some people believe that the case should be regarded as fraud. Then according to various divergent views, summed up the case the focus of controversy:the controversy that the defendant’s conduct constitutes civil fraud or not and it constitutes forced trading, robbery, fraud, or extortion. The second part:Legal Analysis related issues. The first part of the section based ontheoretical questions about the focus of controversy involved in the case were discussed more in-depth analysis. Analysis includes the definition and characteristics of civil fraud, robbery, extortion, fraud, crime of forced trading concepts and features, which to analyze the crime of forced trading dominated. Then more in-depth discuss on the definition of the crime of forced trading problem with robbery, extortion, fraud. Through the above analysis demonstrates, for the following specific analysis for the case to start doing theoretical groundwork.The third part:The divergent views and controversy of this case. Then according to various divergent views, summed up the case the focus of controversy:the controversy that the defendant’s conduct constitutes civil fraud or not and it constitutes forced trading, robbery, fraud, or extortion.The third part:The case analysis and conclusions. This section will focus on the second part of the controversial issues one by one to analyze in close connection with the basic circumstances of the case and in accordance with the related basic theory of criminal law and the provisions of "criminal law" for constituted conditions of each crime integrated with the documentation. Then not only excluded from the opposite case Yang, who do not constitute robbery, extortion and fraud, but also thorough described the behavioral characteristics of Yang, et al in this case further integration of the crime of forced trading Elements from the front. Then drew the analysis conclusion on the basis of the foregoing analysis of this case: the behavior of Yang constituted the crime of forced trading.The fourth part:Implications of the case study. This section specifically discussed the recognized standard issues for "in serious case". Firstly, it was explained that many problem were brought, because the recognized standards of "in serious case" were not uniformed; then based on the above issues, the introduction of judicial interpretation of formal as soon as possible to clear criteria for identification of "serious circumstances"; finally, proposed specific considerations about the recognized standards of "in serious case" from myself as the reference to the production of the future judicial interpretation.