The Crime Of Direct Sales Organization And Leadership Activities

Pyramid sales crime is a serious danger to property of the people,and it's assemble a crowd to commit a crime. Because of closed organization,covert business,dispersed staff, together with market of development is backward,management means backward,consumer psychology is not yet mature people,lawless elements used these schemes to the cult, gang, and superstition, rogue activitiesa serious departure from the requirements of spiritual civilization,of social instability at present; used these schemes to absorb the party and government cadres, military service, full-time students to take partin the business, serious damage to the normal order of work and teaching;used these schemes to price fraud and swindling money, selling counterfeit and inferior goods, smuggling, product, profiteering and tax evasion, serious damage to the interests of consumers, interfere with the normal economic order; Therefore, the pyramid must be resolutely prohibited from operating activities.As the pyramid of crime occurs in China, not long, the relevant legislation and judicial practice has been in exploration.Therefore, in theory and practice inevitable errors. Supreme People's Court "on the serious acts of pyramid schemes or disguised pyramid qualitative issues approved" provisions of the serious crime of illegal pyramid schemes apply, but that criminal charges can not reflect the essential characteristics of pyramid schemes, pyramid schemes can not cover all types of crime . When the judicial p ractice in criminal pyramid appears to pull the head, the main charge entry fees, the application of the judicial interpretation more difficult. NPC Standing Committee, February 28, 2009 by the "Criminal Law Amendment (7)" against claims for property crimes for the purpose of direct sales,Will be organized, the leader as the key areas of crimein our country against pyramid selling is an important legislation. In this paper, the basic problems of crime pyramid schemes, analyzes the two different types of pyramid selling crime, sets out the composition and pyramid schemes and crimes of the law applicable to the related issues. Articles include a total of four chapters:Chapterâ… selects a representative sample of countries (regions), combined with the legal provisions in force in China, and comparatively analyses the concept of crimeagainst pyramid schemes. It gives us an analysis of the status of current pyramid of crime, and illustrates the harm to the society caused by the pyramid of crime from the four aspects of political, economic, social, and cultural. The current characteristics of crime maintain in China shows: criminal grouping, politicalized, organizational development to the underworld; strong and high speed transmission, area drifting; deceptive strength, strong anti-detective awareness and difficult survey evidence from them.Chapterâ…¡divides anti-pyramid scheme legislation into three stages in our country, conducts a comprehensive review of the legislative process of our anti-pyramid scheme, and combs the current norms in force. China's crime of direct-sale business model is divided into two categories of fraud-based pyramid scheme and pyramid selling."Criminal Law Amendment (7)" appears not to replace the Supreme People's Court "On the reply to how to determine the nature of serious acts of pyramid selling or disguised pyramid schemes".Based on fraudulent pyramid schemes are not suitable for illegal business on direct sales business model for organization, leadership pyramid schemes are inappropriate for the crime, the relationship between the two requirements are compatible and complementary. Should accurately distinguish between two different types of Pyramid Selling, which is exactly the premise of the applicable law.The third chapter of the organization, leadership constituted the crime of direct sales activities conducted analysis. That the criminal object of this crime is a citizen's pri vate property rights. The objective aspect of this crime organization, the behavior of the leadership pyramid schemes, the core activities of the organization is to initiate the establishment of direct sales organization, leadership is the core of the activities of the command pyramid organization, decision-making. Punishment of the Crime of the object is "organization, leadership", and not money making property of acts. That "pyramid schemes" and "MLM organization" has the essence of consistency, organization, leadership should be interpreted restrictively.That the crime of "serious cases" is not only aggravating when an important factor should be considered, but also convicted an important factor which can not be ignored.Chapterâ…£describe the relationship among Organization, leadership activities ofthe crime pyramid,Crime of illegal,crime of fraud,crime of illegal fund ,crime of unlawful detention.That business type on the pyramid of crime is only applicable to illegalbusinesson fraud-type crimes should be applied to organizational pyramid, pyramid schemes led crime.Fraud-based Pyramid Sellingcrime of fraud and crime of illegal fund do not constitute a relationship Lapping of Legal Provision,but belong to Imagine the relationship between competing,should be adopted from the principles of the felony.Fraud-based Pyramid Selling and Other Fraud also belong to Imaginative Joinder,should be punished Imaginative Joinder.Finally,Analysis Direct sales staff at different levels within the organization of criminal responsibility,think that only the organization, leaders need to organize, conduct leading marketing organization of criminal responsibility,Others are not the subject of Crime,but other charges may apply.