The Qualitative Analysis Of The Criminal Law Of The Leading Purchasing Behavio

With the economic development and social progress,the development of the third service industry,including the beauty industry,is particularly significant,which drives the diversified development of the forms and scope of commodity trading,but also intensifies the intensity of market competition.In the face of fierce market competition,sales personnel in order to gain a foothold in this competition,in order to seek greater profits,constantly update their promotion,publicity means to promote their own products.However,along with the increase of transaction forms and the enrichment of marketing means,illegal ACTS in the form of forced transaction emerge in an endless flow,causing great damage to the development of China' s market economy and the legitimate rights and interests of consumers.Under the guise of "free beauty experience",the beauty industry cheated customers into beauty shops,and engaged in a new criminal mode of high consumption by means of cajoling,luring and bullying.Now it is widely used in the beauty service industry in the way of business model,and has spread in all provinces and cities across the country.The conduct of leading the guests to suffer personal and economic losses,its harm is obvious should be regulated.However,in the process of regulation,the judicial staff and the academic circle should deal with civil disputes according to general civil fraud and coercion or as crimes.And if it is a crime,it should be a crime of racketeering,fraud or forced trading crime.Therefore,it is of great significance to analyze the legal attributes of forced transaction in the third service industry for the correct and scientific conviction and sentencing of cases in judicial practice.In this paper,in the perspective of specific beauty salon forced trading case,on the content of the "free" banner will guests were forced to coax to store the high consumption of legal analysis,the behavior of concrete is introduced in the process of the case view held by the parties to the case of the differences,and disputes,on the basis of the analysis of disputed charges,for the case identification in the process of response,respectively.Finally,according to the analysis of the situation,this paper puts forward some simple Suggestions for the improvement of the specific conviction standards and deficiencies of such beauty cases.This paper is divided into four parts,a total of more than 20,000 words.In the first part of this paper,the details of the case of forced transaction are introduced,and the modus operandi and the modus operandi are explained.Through the court to hear the result of this case,leads out the social from all walks of life to the dispute focus of this case.The second part of this paper,based on the first part of the theoretical issues involved in the focus of the case involved in a more in-depth analysis and discussion.This paper expounds and analyzes the different views on the crime of civil fraud,duress,forced transaction,robbery,fraud and extortion.In the third part of this paper,aiming at the focus of the dispute in the case,the beauty salon forced trading case of qualitative issues of jurisprudence analysis.Through the legal analysis of "violence,threat means","transaction behavior" and "serious circumstances",the qualitative summary of the leading shopping behavior in the beauty industry is finally made.The fourth part is the inspiration of this case study.Based on the foregoing discussion,the paper concludes the problems existing in the conviction of the crime of forced transaction,and puts forward some Suggestions to solve these problems.