On The Qualitative Analysis Of Wine Hustler Cases In Criminal Law

Owning to the opening of market economy and the occurrence of various trade forms, new crimes in damaging market economy turn out to be quite common especially the’wine hustler’cases acting as the typical representation of the various crimes and completed by a group of people with the medium of internet. The topic of defining the’wine hustler’cases in criminal law has been the debate between people holding judicial viewpoints and those persisting in relative theories. In the procedures of trials, most defenders tend to deal with such types of cases as the civil fraud which has no necessity of the regulation through criminal law. In respect of defining the charges of the’wine hustler’ cases from their verdicts, people in the judiciary cannot reach an agreement. Most people maintained the attribution of crimes of fraud, whereas, some others are inclined to treat them as the crimes of forced trading or robbery. As regards the crimes of fraud identified by most people, reasons of the verdicts remain their ambiguity for lack of considering the authenticity of the goods and the commitment of the behavers in’wine hustler’cases. With regard to the criminal groups centering on the crimes of fraud caused by the’wine hustler’cases, it needs the settlement through the categorization of the cases and the analyses by the comparison of their charges, which is quite necessary for the studies on such kind of crimes.With the practice in court, the author has the chances of approaching relative court verdicts. In this study, the cases will be cited to discuss the problems.This paper mainly consists of three parts.The first part mainly deals with the generalization of the’wine hustler’ cases. Through two typical’wine hustler’cases, the author intends to obtain both the clear apprehension of the basic behavior mode of such cases and their focuses concerning various doubts that whether all such cases constitute crimes or crimes of fraud as well as the problems about the efficiency of the commitment made by the victims in accordance with the outcomes of "same cases with different verdicts". The second part is concerned with problems-raising consisting of four sub-parts. The first one is the crimes that the’wine hustler’cases constitute; the second one is the efficiency of the commitment made by the victims; the third one is about the numbers of crimes caused by’wine hustler’cases; the fourth one is the study on the categorization of the’wine hustler’cases.The third part mainly discusses the differences of the related charges in the ’wine hustler’cases. It includes two sub-parts. For the first one, it has made a detailed analysis of the crimes of fraud, forced trading and robbery in order to increase the rationalization in identifying the charges of the ’wine hustler’cases. The second one is the conclusion of this study. It is about the definition of the cases involved in this study based on the former theories analyses.With the deficiencies, this paper, for the matter of time and limitations of the author’s capability in construing and applying the relative theories, needs the guidance of professors and classmates.