A Study On The Qualification Of The Case Of "Wine Hustler"in Criminal Law

This article intends to carry out a legal statutory analysis of the “Wine Hustler” cases that have frequently occurred in judicial practice in recent years,with a view to providing some feasible suggestions for its qualitative issues in judicial practice.The premise of the categorization of “drinking care” cases is to clarify their characteristics and their legal nature,and to carry out type processing in order to distinguish between crime and non-crime.For some cases where the social harm is not serious or does not meet the constitutional requirements of the crimes specified in China's criminal law,no crimes shall be dealt with.For cases where the violator's illegal income is large in amount or causes significant harm to the victim and other social harms and meets the constitutive requirements of the relevant crimes stipulated in the criminal law of our country,the situation of the victim's self-commitment is excluded,and his behavior should be regarded as relevant.Property-related crimes and frauds,acts of robbery,extortion and forced trading as stipulated in crimes that undermine the socialist market economic order.The key to the above characterization is to clarify the causal relationship between the actor's fraudulent conduct and the victim's property disposal,to make a substantive understanding of the nature of the "transaction" and to make a correct value judgment on the subjective purpose of "illegal possession".In terms of the form of the number of crimes,the related crimes constituted by the perpetrators should be divided into crimes,penalties,imagined joint criminals,and implicated offenders.Through the qualitative analysis of "Wine Hustler" cases in this article,we hope that we can solve certain problems such as the criminalization of non-criminal cases existing in judicial practice,"differentiation of the same case",unclear conviction and incorrect application of charges.reference.