Shopkeepers Arbitrarily Increase Their Prices And Force Others To Buy Clothes.

< p > < strong > there are two different views on the crime of Lee's behavior in this case: < /strong > < /p >

< p > < < a > href= > http://sjfzxm.com//business/ > > View > /a > that Lee violated Zhang's wishes and forced the sale of clothes priced at 2000 yuan at a price of 4000 yuan, which is a compulsive act of buying and selling commodities, and should punish Lee for forcing pactions.

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< p > the second point of view is that Lee threatened a Zhang with a wooden stick and robbed other people's property on the pretext of paction. It was an obvious robbery. Li should be convicted and punished for robbery.

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< p > < strong > < /strong > < /p >

< p > I agree with the first opinion that Lee should be punished for the crime of forced paction.

The reasons are as follows: < /p >

< p > robbery is the act of robbing public and private property on the spot by violence, coercion or other means for the purpose of illegal possession.

The crime of forced paction is a charge of crime of disrupting market order. According to the 226th provision of criminal law, the crime of forced paction is a behavior of violence, threat, buying and selling goods, forcing others to provide services or forcing others to accept services.

All two crimes are similar to violence, threat and so on. However, there are many differences between them. The crime of forced paction is established to ensure the stability of the market economic order, in order to punish the criminal acts in the paction process. The premise is that there exists a certain paction relationship. Its violence and coercion are far lower than the degree of violence of robbery. For example, the use of violence in the paction process leads to serious injury or death, and is convicted and punished by intentional injury or intentional homicide. The objects of the two violations are different, robbery infringes on the personal and property rights of others, and the crime of forced paction infringes the fair and voluntary principle of the market and the legitimate rights and interests of the market participants.

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In the objective aspect, < p > < a href= > http://sjfzxm.com/news/index_c.asp > > coercive /a > paction crime is shown as follows: (1) buying and selling goods by violence or threat means mainly forcing others to buy or sell at unreasonable price or over quantity; (2) forcing others to provide services or forcing others to accept services by means of violence or threat means forcing others to provide certain services or accepting certain services at unreasonable prices.

This crime also requires "serious circumstances" and must achieve a larger amount of forced paction or other serious circumstances.

In June 8, 2005, the Supreme People's court held ninth opinions and second clauses on the application of law to robbery and snatching criminal cases: those who engage in normal commodity trading, trading or labor services, make money and other things that differ little by violence or coercion so that the circumstances are serious. They are convicted and punished according to the crime of forced trading. For the purpose of illegal possession, they use violence and threats to coerce others to surrender money and goods that are quite different from reasonable prices and expenses under the guise of buying and selling.

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< p > in this case, Zhang bought clothes from Lee, and there was a paction relationship between the two sides. But Lee threatened to buy goods that he did not want to buy, and the amount of illegal profits was relatively large. His behavior conformed to the characteristics of the crime of forced paction, and he should be convicted and punished for the crime of forced paction.

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