Consumers have the right to compare, identify and choose their own goods or services. Article 10 Consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
The main characteristics of compulsory consumption, the subject of behavior, the subject of this behavior is a natural person who has reached the age of responsibility and has the ability to be responsible. Units can also constitute this behavior. If the unit has this behavior, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of Article 46 of the Law on Public Security Administration Punishment.
Objectification not only violates the legitimate rights and interests of the counterparty, but also violates the market order of commodity trading. Commodity trading is a legal relationship between equal civil subjects, and the principles of voluntariness and fairness should be followed in market transactions. However, in real life, forced buying and selling, forcing others to provide services or forcing others to accept services occur from time to time, which violates the principle of market transactions, destroys the order of market transactions and infringes on the legitimate rights and interests of consumers or operators. If the perpetrator forcibly trades, it is harmful to society and should be punished by public security management. If the circumstances are serious, criminal responsibility shall be investigated according to law.
Subjective aspect of the behavior: the behavior is subjectively manifested as direct intention, and indirect intention and negligence do not constitute this crime.
Objectively speaking, the behavior is objectively manifested as the behavior of forcibly buying and selling goods, forcing others to provide services or forcing others to accept services. Forcing others to trade with themselves or a third party against their will is the essential feature of this behavior.
The so-called violation of others' will means that others are unwilling to buy goods from them and force them to buy, others are unwilling to sell goods and force them to sell, others refuse to provide services and force them to provide them, and others are unwilling to accept services and force them to accept them. The so-called service refers to various business services, such as accommodation, transportation, catering, maintenance, cleaning, gas delivery, consignment of furniture, provision of hourly workers and so on.
It should be pointed out that for forcing others to sell goods or provide services, others should generally engage in selling goods or providing for-profit services. If others do not engage in this kind of for-profit work, but force others to sell their own things, such as ancestral things, or force people who do not engage in gas transportation to carry gas for themselves, and force people who do not engage in accommodation to provide accommodation for themselves, it cannot be punished as such behavior. In addition, services should be legal for-profit services. If it is not proper service, such as forcing people to provide illegal services such as prostitution and gambling, or insulting services such as washing feet and pouring urine.