On The Organization, Leadership Multi-level Marketing Crime Organizations, Leaders Identified

The organization, leadership Multi-level Marketing crime is " Amendments to the Criminal Law of the PRC(VII)" of the new crime. The text mainly described despite a long, but still appear relatively principle and abstraction.At present does not have the necessary system's judicial interpretation.How to correctly apply to the organization, leadership Multi-level Marketing crime, In actual judicial practice still in try to find out stage.The correct application of primary condition is correct defining organizers and leaders.Therefore this article focuses in the MLM crime organizer and leader's judicature recognizes and the legal responsibility, in order to having institute benefit to suitable for use and perfect that crime.The article is composed of preface, the main text and conclusion. The main text is divided four parts.The first part of MLM organization outlines, pointed out MLM at different times been given different definitions . and by analyzing the common characteristics of MLM organizations. MLM organization of the organizer and leader are classified, and proposed the organization and leadership into "primitive type organization and leadership "and" secondary-type organization and leaders "point of view. The second part of law participates in personnel's rules and regulations to the MLM activity, pointed out as the social and economic development, our law in combating crime problem on MLM have to adjust, from evolves gradually primarily by the administrative sanctions has the condition criminal punishment, from the sanctions in serious pyramid schemes to gradually develop sanctions event organizers and leaders, and finally established the organization, leadership Multi-level Marketing crime. Also analyses the organization, leadership Multi-level Marketing crime of the background and offence constitutes. The third part of the organization, leadership Multi-level Marketing crime of organizer and leader in the judicial determination, pointed out because of flexible complexity of MLM, in practice, it is very difficult to define MLM activities of the organization and leadership, the investigative organ and the procuratorial organ firm belief there exist many problem in standard at present, there is some discrepancy with the legislative intent.then through the contrast and analysis of the criminal group similar organizers and leader of the standards, The author proposed that the organizer and leader of MLM of that standard, Namely theoretically recognized generally in the standard and the judicial practice recognizes the standard specifically. The fourth part of the organization and leadership of the organization, leadership Multi-level Marketing crime in the criminal responsibility, pointed out that the judicial practice in the conviction of the organization, leadership Multi-level Marketing crime line is less clear, there is guilt and innocence issues, with the Crimes of Illegal Business, cheating crime also have the relation and the difference, Under different conditions followed by MLM organizations, leaders of several crimes issues, then in different situations, organization, leadership of MLM organizations are discussed, and proposes the treatment principle, finally, to the organization, leadership Multi-level Marketing crime's discretion of punishment question has carried on the analysis.