Organizing, Leading MLM Crime Problems

"Criminal law amendment (7) for the first time in the organization, leading pyramid selling activities, make the regulation on pyramid selling activities in China from the category of administrative law to rise to the category of the criminal law.Although the regulation of the crime of pyramid selling activities have the regulatory role of theory and practice, but because of this crime in theory of relevant problems that exist more controversy, so as to give a lot of problems in the practice.This article attempts through the case found that the charges in the form of specific problems in the judicial practice, found the problem the controversial focus in theory, solve the problems, and the application of law to clear crime charges standard criterions for the conviction.Clear about the behavior in theory and in view of the object, to distinguish the pyramid selling behavior and similar behavior, clear conviction spiritual standards of this crime, limit legal principles applicable to a certain extent, accord with the requirement of legal crime.Perfect organization, leadership of pyramid selling activities and strengthen the practice is clear judicial application of criminal law, and promote fair justice, the key to the strict judicial procedures.At the same time, solve difficult problems in organization, leadership pyramid selling activities is a key to improve the about standard criterions for the conviction of the program.By solving organization,leadership problems that exist in the pyramid selling activities of sin, to a certain extent can restrict the discretion of the judge, to prevent the abuse of judicial power,so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.This article through four parts in the form of a case is discussed.The first part is organizing, leading MLM activities of sin "organization and leadership".This part mainly aims at is the equality of main body invited to participate in the activities of pyramid sales promotion and investigate the properties of obtain certain profit behavior.In the form of case, reflects the focus of the debate, and through to the problems in the judicial practice and theoretical controversy.Clear the attribute of "organization and leadership behavior" as well as clear whether this behavior can be included in the charges.The second part is to organize, leading pyramid selling activities in the cognizance of"active".Subject of this crime is the staff of organization and leadership, but investors did not directly to participate in the activities of pyramid selling or pyramid selling organization establishment and development of,but investors are able to charge illegal interests in the pyramid selling activities.Investors as active participants,actively promote the implementation of the pyramid selling activities and development, in the subjective is deliberately, harmful to the society.Therefore, in this part through the form of case leads to the focus of the dispute, and through the judicial practice and theoretical analysis of the behavior of investors, and then clear whether investors as activists can be included in the charges,and convicted and punished.The third part is the organization, leadership pyramid selling activities in the cognizance of "pyramid selling behavior" .This crime against behavior is pyramid selling behavior, but in the judicial practice, the pyramid selling behavior and introduce rebate behavior is difficult to define, and through the case found in the form of case the focus of controversy, injudicial practice and in theory to define, introduce the nature of the rebate behavior and rebate according to different points of view clear introduction whether behavior structure.Through clear introduction to the nature of the rebate behavior at the same time, in order to clear MLM behavior nature is not the same as rebate behavior, thus to convicted and punished in accordance with the principle of a legally prescribed punishment for a multi-level sales activity.The fourth part is to organize, leading MLM activities of sin "sin" problem.This part is the case in the form of a clear organization, leadership MLM activities the controversial focus of sin, according to the judicial practice and the theory of crime number controversy exists in the standards, clear organizing, leading pyramid selling activities and similar crimes on the properties and behavior of the similarities and differences, in order to better grasp this crime in theory of crime number theory.