旅游恶意强迫交易行为入罪的刑法考量

Criminal Law Consideration on Criminalization of Malicious Forced Transaction in Tourism

近年来,我国旅游业快速发展,旅游中恶意强迫交易现象也随之增加,此类现象的社会危害性、刑事违法性和当罚性已经触及到了刑法预防与控制的“度”。虽然相关部门也出台了一些法律、政策,开展了各种活动来对此进行打击,但该种现象还是屡禁不止,究其原因,是因为违法犯罪者的违法成本太低。因此以刑法来约束这些行为显得尤为必要。把旅游恶意强迫交易行为入罪可以有效解决零负团费现象,维护旅游者的合法权益,促进旅游业健康发展。

In recent years,China’s tourism industry has developed rapidly,and the phenomenon of malicious forced transactions in tourism has also increased.The social harmfulness,criminal illegality and punishment of such phenomena have touched the“degree”of criminal law prevention and control.Although relevant departments and some laws and policies have been introduced,and various activities have been carried out to combat this,this phenomenon is still repeated.The reason is that the illegal cost of the offenders is too low,that is,the illegal cost and the benefits obtained are unbalanced.At this time,it is particularly necessary to contain the criminal law with severe sanctions,and it is effective to punish such acts.Solving the phenomenon of zero group fees can protect the legitimate rights and interests of tourists and promote the establishment of tourism legal system.