What law does the tour guide violate in compulsory consumption?

According to the provisions of China's Tourism Law, tour guides and tour leaders should strictly implement the travel itinerary, and must not change the travel itinerary or suspend service activities without authorization, ask tourists for tips, or induce, deceive, force or force tourists to shop or participate in paid tourism projects in disguise. If the tour guide forces tourists to shop or participate in other paid tourism projects in disguise, the serious circumstances may constitute the crime of forced trading.

1. How will consumer associations handle consumer disputes?

1, negotiated with the operator;

2. Request consumers' associations or other mediation organizations established according to law to mediate;

3. Complain to the relevant administrative department;

4. According to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;

5. Bring a lawsuit to the people's court. If a consumer complains to the relevant administrative department, the department shall handle it within seven working days from the date of receiving the complaint and inform the consumer. The Chinese Consumers Association and the consumer associations established in provinces, autonomous regions and municipalities directly under the Central Government may bring a lawsuit to the people's court against acts that infringe upon the legitimate rights and interests of many consumers.

Two, the four elements of the crime of forced trading?

1, object element

This crime 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 current life, the phenomenon that both parties buy and sell by force, force others to provide services or force others to accept services occurs from time to time, which violates the market transaction principle, destroys the market transaction order and infringes on the legitimate rights and interests of consumers or operators. If the perpetrator forcibly trades by means of violence or threats, it will cause serious social harm. If the circumstances are serious, criminal responsibility shall be investigated according to law.

2. Objective factors

This crime is objectively manifested as a serious act of forcing others to buy or sell goods, to provide services or to accept services by violence or threats.

3. Main elements

The subject of this crime is the general subject. All natural persons who have reached the age of criminal responsibility can constitute this crime, and according to Article 23 1 of this section, the unit can also constitute this crime. Where a unit commits this crime, a two-penalty system shall be implemented, that is, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.

4. Subjective factors

Subjectively, this crime shows direct intention, and indirect intention and negligence do not constitute this crime.

3. What is the sentencing standard for the crime of forced trading?

1. Whoever commits it by violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;

2. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Legal basis:

Tourism Law of the People's Republic of China

Article 41

Tour guides and tour leaders engaged in business activities shall wear tour guide cards, abide by professional ethics, respect the customs and religious beliefs of tourists, inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel healthily and civilized, and discourage tourists from violating social morality. Tour guides and tour leaders shall strictly implement the travel itinerary, and shall not change the travel itinerary or suspend service activities without authorization, ask tourists for tips, and shall not induce, deceive, force or force tourists to shop or participate in paid tourism projects in disguise.