Analysis Of Crane Cheating Behavior Of Criminal Law

With the gradual prosperity of the market economy and the development of transactions,forced transaction,which violates consumers' right severely and disrupts the market order badly,is increasing rapidly.Amendment(VIII)to the Criminal Law has redefined the crime of forced transaction,which not only responds to the reality of the market economy,but also strengthens the regulation of the crime.However,due to the complexity of its component elements and the overlapping of its means of behavior with blackmail and robbery,the judicial practice of forced transaction caused great controversy.The meaning of transaction behavior,the cognizance of violence threat and its restriction are controversial in both theoretical and judicial practice.In this paper,I will discuss the legal issues of forced transaction through a case where a wine holder lures stranger customers into expensive consumption.The main body of this article is about 21000 words.This paper is divided into four parts:basic situation of the case,the analysis of the relevant legal issues,the conclusion of the case,and the reflection of this case.The first part of the article mainly introduces the basic situation of the case,which includes cause of action,details,different opinions and focus of the disputes.According to the specific circumstances of the case and the core part of the different opinions,the author summarizes the following two questions: whether Zhu's behavior constitutes a crime and if it is,then how to qualitative.The second part is the analysis of relevant legal issues.In this part,the author puts forward the limits of the crime and the crime after the definition of civil fraud.In this paper,after analyzing the controversial points in the crime of forced transaction,the author puts forward his own views on the relevant issues,including the determination of the transaction behavior,the connotation and the degree of the threat of violence,and the standard of serious circumstances.After determining the meaning of the transaction,it is concluded that the transaction behavior needs to have two elements: the exchange behavior and the exchange price.In order to distinguish the crime of forced transaction and robbery,and realize the principle of suiting punishment to the extent of violence,forced transactions to limit injuries.The seriousness ofthe case mainly depends on the number of forced transactions,the amount of forced transactions,and the results of the damage.Then the article discusses the effect of the victim being committed,in the review of the pros and cons of various theories of legal relationship,agree with wrong said,only when the victim species on their own,to give up the legal scope or dangerous mistake,will lead to the commitment is invalid.Finally,the author analyzes the cognizance standard of the imaginative joinder of offenses and the dispute of the principle of punishment in theory.The third part is the analysis and conclusion of this case.Through the analysis of the specific details of the case,Zhu's behavior constitutes the crime of forced transaction and selling fake products according to the theory of imaginative jointer of offense.Zhu should be punished with the felony.The fourth part is the reflection of the case.This part mainly focuses on the deficiencies of forced transaction.Then I give some suggestion for the improvement of judicial practice.