Research On Criminal Qualitative Of Forced To Accept Cosmetology Services

The revision of criminal law in1997, Crime of forced transaction is charged as a specialcrime in the crime of sabotaging the order of socialist market economy, and the objective isdefined as two criminal behavior. First, forcing others to buy and sell commodities; Thesecond is to force others to provide services or receive services. That rules effectivelystop hard sell and dominate the market as well as other phenomena during development ofmarket economy in our country. But in recent years, with the rapid development of marketeconomy, all kinds of transaction forms are appearing. The Criminal Law of1997slowlyreveal the provisions of a simple, two objective behavior of its provisions can not contain allforced transactions occurred.And The Criminal Law of1997only provides a significantlylighter legal punishment,not only reduces the intensity of the fight against crime, but alsogreatly deepened the conviction and sentencing of difficulty. Thus, The crime of forcedtransaction objective behavior adds three in The Criminal Law Amendment (Ⅷ). That isforcing others to acquire or transfer companies, corporate shares, bonds or other assets;forcing others to participate or withdraw from bidding, auction; forcing others to accessspecific business areas.At the same time, Adds a legal punishment and enhance the statutorymaximum penalty of seven years. But this change is still not fully included the various formsof forced trading behavior, the legal punishment of ascension is not enough to effectively curbthe occurrence of crime.These emergences and changes forced transaction behavior causedgreat damage to China’s economic development as well as the legitimate rights and interestsof consumers. Therefore, Crime of forced transaction also need to constantly develop andperfect.This paper is divided into four parts (except the preface and epilogue). Analysis of thefactors considered in the conviction of crime of forced transaction and how to conviction andconviction standard by the Case of Forced Transaction by Mr.yang etc. Put forward severalsuggestions for improving legislation crime of forced trading problem.The first part is the basic circumstances of the case. Brief description of the basic case andthe results of the court. Summarize different views held by some of the parties in the caseproceedings and refine the focus of controversy in the case.The second part is the legal analysis. Make an analysis of this problem from three aspects.For the analysis of "violence, threats ",including the object to the behavior of the violence, threats, the behavior way and the degree of violence, threats. For the analysis of"transactional", including identification of the existence of transactions, transaction prices andthe purpose of transaction. For the analysis of "serious circumstances", including analysis ofthe meanings and manifestations.The third part is the analysis and conclusion to the case. Using the second part of content,analysis of the case and concluded.The fourth part is the research revelation of the case. Through the discussion of above, it isconcluded that the existing problems of forced transaction crime in the aspect of conviction.Analysis the cause of the problems, and put forward some suggestions to improve the crimeof forced transactions.