| The Internet plus,as a new form of business,is the product of deep integration between the Internet and traditional industries.In this wave,the traditional financial industry began to gradually evolve into Internet finance,which has brought far-reaching impact on the traditional financial industry.From the perspective of organizational form and business scope,Internet finance is a new financial industry.The existing regulatory measures and means are difficult to cover it comprehensively.The financial development under the background of "Internet plus" needs the clear guidelines of relevant national policies.In the absence of supervision,many criminal suspects are carrying out related criminal activities under the banner of "financial innovation",and financial pyramid selling crime is a typical example.As the "alienation" of the traditional pyramid selling crime,the financial pyramid selling crime has the extremely strong bewilderment and emerges endlessly under various new concepts.Under the background of the lag of quantitative easing monetary policy and supervision,financial pyramid selling crimes are springing up like mushrooms.Its social harmfulness is far more than the traditional pyramid selling crimes,which greatly destroys the existing financial management order in China.With the frequent occurrence of financial pyramid selling crimes,it not only causes losses to investors' personal property,but also causes serious erosion of social mainstream values.At the same time,a large number of victims have emerged,and the ensuing activities of safeguarding rights have also laid hidden dangers for social stability.At present,financial pyramid selling has become a financial risk that can not be ignored.It not only threatens the personal property of citizens,but also seriously affects the normal operation of China's financial market.Therefore,the proper response to financial pyramid selling crime will directly affect China's financial security.In the face of such a grim situation,the Chinese government responded quickly.The State Administration of market supervision and administration,together with four ministries and commissions,issued a notice to the public to be alert to financial pyramid schemes.The Ministry of public security then launched a special attack on the pyramid selling crime of "financial mutual assistance",and achieved certain results.With the continuous upgrading of criminal means,financial pyramid selling crime has stronger concealment,and the trend of intelligent crime is more and more obvious.Therefore,when dealing with such crimes,the investigation organs often fall into the dilemma of investigation,not only because of the unclear understanding of such crimes,but also because the existing combat level can not meet the new changes of crimes.The lack of investigation means directly leads to ineffective attack on financial pyramid selling crimes,especially in five aspects of filing a case,obtaining evidence,recovering stolen goods,investigation mode and investigation cooperation.Therefore,on the basis of absorbing foreign advanced investigation experience,the investigation organs should further improve the case filing work,enhance the evidence collection ability of the investigation organs,improve the efficiency of criminal recovery,and simultaneously improve the investigation mode and investigation cooperation.This thesis consists of five chapters:The first chapter explains the basic problems of financial pyramid selling crime investigation.For a comprehensive understanding of the financial pyramid selling crime,it is necessary to define the relevant concepts of the financial pyramid selling crime.One is to distinguish direct selling and pyramid selling,and analyze the commonness and characteristics of these two concepts.The second is to clarify the pyramid selling crime and financial pyramid selling crime,and limit the object of this paper.Third,according to the different characteristics of crime,the main types of financial pyramid selling crime are analyzed and summarized.In order to further clarify the financial pyramid selling crime,it is necessary to sort out the current situation and characteristics of the crime,so as to show the actual state of financial pyramid selling crime in China.On the one hand,through the latest data and charts,this paper analyzes the current situation of financial pyramid selling crimes and shows the latest trends of such crimes.On the other hand,the characteristics of the traditional pyramid selling crime and the financial pyramid selling crime are displayed.Through the intuitive comparative analysis,we can not only find the track of the "alienation" of the new type of pyramid selling,but also be convenient to grasp the characteristics of this new type of pyramid selling crime.On this basis,this paper makes a detailed analysis of the causes of the financial pyramid selling crime from the legal,economic,social and psychological aspects.Finally,this paper mainly discusses the investigation system of financial pyramid selling crime,and analyzes the whole process of financial pyramid selling crime investigation from the investigation subject,investigation object,investigation content,investigation methods and investigation measures.The second chapter analyzes the basic theory of financial pyramid selling crime investigation.From the perspective of philosophy,economics,psychology and information science,this paper makes a deep examination on the investigation of financial pyramid selling crime in theory after clarifying the related concepts of financial pyramid selling crime.First of all,the philosophical basis of financial pyramid selling crime is deeply considered,mainly based on Marxist philosophy,from the level of epistemology and material theory,and the materialist dialectics is applied to the case investigation.Then it introduces the economic basis of the financial pyramid selling crime,analyzes the financial pyramid selling crime from the perspective of economics.On the basis of a comprehensive analysis of the root causes of the crime,it discusses the economic theory on which the investigation process is based.At the same time,explore the psychological basis of financial pyramid selling crime investigation.One is to analyze the investigative means and methods adopted by investigators from the perspective of psychology,and discuss the psychological basis in case investigation.The two is to analyze the criminal means adopted by the suspects and the psychology of the pyramid sales participants,and find out the deep-seated reasons for the repeated prohibition of financial pyramid selling crimes.Finally,from the information theory,system theory and cybernetics,this paper analyzes the investigation principle of financial pyramid selling crime,and comprehensively grasps the investigation principle of financial pyramid selling crime.The third chapter explores the problems in the investigation of financial pyramid selling crimes,and finds out the deficiencies in the investigation work at the present stage.Theoretical discussion is the foundation of guiding practice.Through in-depth theoretical analysis,combined with the current situation of financial pyramid selling crime investigation,this paper points out several crux of investigation work that is difficult to carry out.This paper discusses several difficult problems in the investigation of financial pyramid selling crime,starting from the investigation,investigation and evidence collection,criminal recovery and investigation cooperation,and discusses the shortcomings of investigation organs in the process of dealing with financial pyramid selling crimes.First,it is difficult to start the investigation of financial pyramid selling crimes.Before the start of the investigation of financial pyramid selling crimes,there are often some problems,such as difficult to obtain clues,difficult to determine the nature of the crime,disputes over the jurisdiction of criminal cases,and the neglect of the cases.Second,it is difficult to obtain evidence for financial pyramid selling crimes.First of all,the large amount of evidence related to financial pyramid selling crime makes it difficult for investigators to collect evidence comprehensively and timely.Secondly,electronic evidence is not easy to extract and fix,at the same time,investigators in different places and cross-border collection also face many inconvenience.Finally,from the angle of suspect and investigator,we analyze the predicament of forensics.On the one hand,the criminal suspect's ability to counter investigation is strong,which has greatly destroyed the key evidence.On the other hand,due to the lack of evidence collection ability of investigators,it is urgent to implement legal,compliance and reasonable evidence collection.Third,it is difficult to carry out the work of recovering stolen goods in financial pyramid selling crimes.In the face of complex capital flow,it is the first problem to identify and deepen the understanding of it.At the same time,in the process of recovering stolen goods,there is no real joint force,coupled with the lack of detailed legal guidance,which often makes it difficult to recover stolen goods.Fourth,the investigation cooperation of financial pyramid selling crimes is not smooth.First of all,the internal cooperation of investigation organs is restricted by the system,mechanism and resources,which has been difficult to adapt to the development requirements of the new situation;secondly,the cooperation between investigation organs and other administrative organs,Internet enterprises and financial institutions is relatively mature,but there is still room for further improvement and improvement.Finally,the convergence of cross-border police cooperation is more difficult,and the problem of weak cooperation in foreign-related cases has been exposed in criminal investigation.The fourth chapter investigates the investigation of overseas financial pyramid selling crimes.In view of the problems existing in the investigation of financial pyramid selling crimes in China,combined with the experience and lessons of foreign financial pyramid selling crime investigation,we can draw lessons from them.This paper mainly introduces the experience of the United States in dealing with financial pyramid selling crimes,and makes a case analysis of the "Weimar company" case.In terms of legal regulation,the U.S.authorities formulate relevant laws at the federal and local levels to regulate illegal pyramid selling activities,so as to realize the comprehensive supervision of pyramid selling activities.In response,the Federal Trade Commission(SEC),as the main body of litigation,sued the sales companies that may constitute pyramid fraud.As a regulator,the FTC can settle with the company under investigation without waiting for a court decision.This kind of supervision and law enforcement has a certain efficiency.The investigated company has paid a huge amount of settlement money,but also needs to accept the operation supervision of the third-party supervisor for decades.Japan's legal response to financial pyramid selling crime can be analyzed from the case of cracking down on "the first society in the world".The law of the People's Republic of China on the prevention of unlimited chain stores includes three kinds of illegal pyramid selling behaviors,namely,the act of opening an unlimited chain,the act of operating an unlimited chain,and the act of persuading others to join the infinite chain.The punishment scale of the law is more severe,and the act of persuading others to join the infinite chain is also recognized as a criminal offence.Although "persuasion behavior" is not directly harmful to society,the Japanese authorities still regulate it in advance,which plays an important role in curbing pyramid selling activities.At the same time,Japan has accumulated rich experience in digital currency supervision.The first is to establish the blockchain collaboration alliance and Japan virtual currency exchange association,strengthen the internal self-discipline of the industry,and introduce third-party institutions for supervision.The second is to standardize the transaction of virtual currency,force the virtual currency transaction to register and register,and urge the trading platform to perform its own duties and obligations.The third is to implement the anti money laundering measures,including the virtual currency into the original anti money laundering system,and to stipulate the legal obligations of the trading platform through the law on the prevention of the transfer of criminal proceeds.Japan's investigation measures to deal with financial pyramid selling crime are mainly introduced from two aspects: one is the investigation subject of financial pyramid selling crime in Japan;the other is the investigation system of financial pyramid selling crime in Japan.The subjects of investigation power in Japan are judicial police officer,prosecutor and prosecutor.They have a clear division of labor and perform their own duties in handling cases.In the investigation of financial pyramid selling crime cases,the judicial police staff is generally responsible for the investigation of the case,and the prosecutor is responsible for reviewing the evidence and deciding whether to prosecute.When dealing with major financial pyramid selling crimes,prosecutors will directly carry out investigation work on the cases,and judicial police staff are responsible for assisting prosecutors in handling cases.As a typical mixed law system country,Japan's investigation system not only has the characteristics of the integration of the civil law system and the common law system,but also has the characteristics of the separation of the public prosecutor and the police in the common law system.The investigation of financial pyramid selling crime in Japan follows this investigation system,which has always played a positive role in the process of cracking down on financial pyramid selling crimes.European countries have begun to take shape in the supervision and legal regulation of digital currency,and make a careful analysis of Russia's "MMM financial mutual aid" case.Because the digital currency ICO can absorb a lot of funds,and most of them flow into Russia's "Ponzi scheme".The Russian regulatory authorities believe that the practitioners of ICO should first of all supervise themselves.The legislators try to raise the entry threshold of digital currency ICO and restrict investment activities by formulating relevant rules.In addition,the Central Bank of Russia believes that digital currency does not have the property of payment,and it does not link the digital currency with the ruble.In the "MMM financial mutual assistance" case,considering the current investigation situation and the urgency of maintaining social stability,Russian investigators did not comprehensively clean up the MLM organizations,but chose to focus on cracking down on the core members of MLM organizations.In order to crack down on financial crimes on the Internet,Germany has set up special institutions to provide technical support.At the same time,in order to deal with economic crimes,German judicial organs began to implement the system of prosecutor deployment,which not only improved the professional quality of prosecutors,but also realized the efficient use of judicial resources.After fully introducing the overseas experience,this paper summarizes the Enlightenment of foreign financial pyramid selling crime investigation to our country.On the basis of absorbing its legislative experience,it makes a dialectical reference to the specific measures of foreign financial pyramid selling crime investigation.The fifth chapter puts forward the perfect countermeasures to the investigation of financial pyramid selling crime cases.The core content of this paper is to refer to the foreign experience,combined with the deficiencies in the investigation of financial pyramid selling crime,and then put forward targeted countermeasures.The first is to improve the investigation of financial pyramid selling crimes.In the start-up stage of investigation,investigation organs should strengthen the discovery and collection of key intelligence.On this basis,with the help of big data analysis tools and professional analysis teams,valuable information and clues can be extracted from intelligence.Before filing a criminal case,investigators need to clarify the relationship between financial innovation and criminal crime,and grasp the opportunity and scale of criminal investigation.In the stage of filing a case,investigators can break through the existing system barriers from three aspects,namely,the procuratorial organs' intervention,the enhancement of police information notification and the submission to the main investigation unit.After filing a case,we should also pay attention to the value of the cases.Investigators should not only improve the thinking of merging cases,but also deeply explore the relevant information in the cases.The second is to scientifically choose the investigation ways of financial pyramid selling crimes.The selection of investigation channels should follow certain rules.Investigators should give priority to the establishment of the principles of investigation channels for financial pyramid selling crimes,and balance the relationship among the principle of timeliness,the principle of purpose and the principle of flexibility.Under the guidance of scientific principles,according to the characteristics of financial pyramid selling crimes,we should formulate corresponding investigation channels.Third,strengthen the evidence collection of financial pyramid selling crimes.Due to the large amount of electronic evidence involved in the investigation of financial pyramid selling crimes,it is necessary to improve the electronic evidence collection work from three aspects: legal evidence collection,comprehensive evidence collection and scientific and technological evidence collection.In the stage of investigation and interrogation,we should constantly improve the strategy of investigation and interrogation,and choose the corresponding interrogation path to ensure the authenticity and legitimacy of verbal evidence.When attacking the off-line financial pyramid selling organizations,we should also collect the criminal evidence at the crime scene while taking into account the ground investigation.In the face of insufficient conviction evidence,investigators need to attach importance to the supplementary investigation work,earnestly perform the investigation duties,and do their best to carry out the evidence remedy work.The fourth is to improve the efficiency of financial pyramid selling crime.Investigators should find suspicious funds in time,and strengthen the prompt and early warning of changes in capital flow.At the same time,we should strengthen the control of the property involved,properly apply the compulsory measures such as sealing up,detaining and freezing,so as to avoid falling into the passive situation of no booty to be recovered.Before we implement the comprehensive recovery of stolen goods,we need to identify the stolen money and stolen goods accurately,and make timely distinction between pre legal transactions and money laundering activities according to the time of criminal suspects' crimes.Then,on the premise of adhering to the "restorative justice",it also takes into account the use of information-based methods of recovering stolen goods.The fifth is to drive the investigation of financial pyramid selling crimes with big data.This section will discuss from four aspects,to explore the innovation path of financial pyramid selling crime investigation mode.First of all,optimize the big data investigation mode.Investigators should master the big data investigation thinking and apply it to actual combat.At the same time,we should use the data-driven investigation mode to guide the investigation direction,and realize the early warning of criminal activities through big data analysis.Secondly,the financial pyramid selling crime gradually presents the characteristics of virtualization and non-contact.The traditional passive investigation mode has been unable to meet the needs of combating crime,so the investigation work should turn to the active investigation mode in time.Thirdly,in order to focus on cracking down on "online" financial pyramid selling crimes,we should take "cloud attack" as the starting point in the investigation practice,and realize "data-based warfare" through "information construction".Finally,to deepen the "position control" mode,we should not only improve the traditional position control mode,but also strengthen the control of the network position.The sixth is to strengthen the investigation cooperation of financial pyramid selling crimes.On the one hand,we should strengthen the cooperation within the investigation organs.The cooperation within the investigation organ is inseparable from the creation and construction of the database platform,which is directly related to whether the "personnel flow","information flow" and "capital flow" can be fully shared and used.At the macro level,the new mechanism of cross regional and cross-border cooperation is introduced,and the cross regional paid cooperation mechanism and the sharing mechanism of extraterritorial confiscation of proceeds of crime are further tried.On the other hand,under the guidance of relevant government departments,we should seek the balance point of police enterprise cooperation,and carry out three-dimensional cooperative operations according to the advantages of different enterprises.In addition,from the perspective of social governance,we should attach importance to the cooperative operation of the whole society.We should focus on improving the overall risk awareness of social members and take appropriate intervention measures to protect the public from the continuous infringement of financial pyramid selling crimes. |
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