The Qualitative Analysis Of Forcing Others To Sign The Contact And Realizing Contract "Rights"

Contract is a concept of civil law,forcing others to sign the contract is the act which contrary to the true meaning of the parties,so it could be revocable.When the forced contracting violates the personal rights and the property rights of the victim beyond the scope of civil law regulation,the civil law is useless of protecting the rights and interests of the victim effectively,and it needs the function of criminal law to protect the legal interest and punish the criminal,our criminal law does not put the property interests into the range of the property of property infringement,which is not conducive to the protection of the legitimate rights and interests of the people in increasingly diverse social economy activities and is not conducive to the conviction and sentencing of the crime of infringement of property interests.So,it is necessary to proceed from the specific case and properly quantity the act of forcing others to sign the contract and to realize the “right” of contract.After analysis,we can see the three factors those affect the behavioral characterization include the content and the types of contract,the degree of forced action,and the objects and ways of realizing the “right” of contract.Therefore,the behavioral characterization should follow the idea is: Firstly,analyzing whether the property interests is the object of the crime of infringement of property interests to determine the illegality.Secondly,researching the degree of forced behavior for the determination of the conviction,crime form and the number of crimes.Finally,analyzing the behavior objects and ways of realizing the “right” of contact to determine the number of crimes.On the base of knowing the idea of the behavioral characterization,analyzing the content and the type of contract,the extent of forced action,and the objects and the ways of realizing the “right” of contract,as a theoretical basis to determine the nature of the act of forcing others to sign the contract and realizing the “rights” of contract.