The main characteristics of compulsory consumption
(a) the subject of the act
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.
(2) the object of behavior
This behavior not only violates the legitimate rights and interests of the counterparty, but also violates the order of the commodity trading market. 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.
(3) Subjective aspects of behavior
Subjectively, this behavior is direct intention, and indirect intention and negligence do not constitute this crime.
(D) the objective aspects of behavior
Objectively speaking, this kind of behavior is manifested in the act 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 a legal service, such as forcing someone to provide illegal services such as prostitution and gambling, or humiliating services such as washing his feet and pouring urine, it does not constitute this behavior. If it constitutes a crime, it shall be punished as a crime.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 679 A loan contract between natural persons is established when the lender provides the loan.
Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.