Research On The Determination Of Crime Of Forced Transaction

After the reform and opening up,with the rapid development of China's economy,China has become the world's second largest economy,but the number of action of transaction by force accompanying economic development has also increased.The "Criminal Law Amendment VIII" introduced afterwards adjusts the relevant provisions of the crime of forced transaction,imposing greater legal constraints on forced transaction in order to promote the healthy development of the market economy.Because the actions described in the clauses of forced transaction crimes have certain repetition with the crimes of robbery and extortion,both academics and judicial practice have put forward many different views on the analysis and determination of action of forcing,and there are existing huge controversies.This thesis probes the controversy of the crime of forced transaction through a case of using a wine tray to lure unfamiliar netizens into high spending and then force them to checkout.I hope it can help the academic and practical communities.This thesis is structured into four parts:The first part introduces the case,which mainly introduces the case,the court's judgment and the focus of the dispute in this case.The second part is the legal analysis of the focus of the dispute.It mainly analyzes the differences between the crime of forced transaction and robbery,extortion,and academic views.It puts forward personal opinions on the views of the academic community,and puts forward some individual standards to differentiate the crimes of forced transaction,robbery,and extortion.The boundaries of civil fraud and the effectiveness of the victim's promises were following.The third part analyzes the behaviors of Zhu and the women in the "Liquor Care".The first part is an analysis of Zhu's behavior.Discuss separately among whether Zhu is guilty,what crimes he committed,and preparations.The second part is an analysis of the behavior of women and other people in the "Liquor Care",analyzing the behaviors of the "wine care girl" and the cafe waiter,and the behavior of the security guard.The fourth part is mainly the research inspirations of this case.This part mainly analyzes the imperfections in the crime of forced transactions,and integrates relevant foreign laws and regulations,and puts forward corresponding perfect opinions.