Analysis Of The Crime Of Organizing And Leading Pyramid Selling

This dissertation bases on criminal theories and some researches finding, it analyses the crime of organizing and leading pyramid selling in order to clear the component and to make fine distinctions with others.The first part is about research of the crime of organizing and leading pyramid selling into crime. Through our direct sales for the three stages of legislation to change the legal definition of pyramid scheme be clarified.Defined the concept and characteristics of pyramid selling, show the distinction between acts of pyramid selling and direct marketing. Direct sales,including single-level direct selling and multi-level direct sales.Analysis of the multi-level direct selling and pyramid selling,"Criminal Law Amendment(7)'Thus also began to apply the law of crime into the pyramid schemes "dual track" model.Treatment of deferent Pyramid selling activities is different : the conviction of"Team payment "is"crime of illegal business"; the conviction of "Pull the head" and"Charge entrance fees"are"crime of organize and lead Pyramid selling activities"The second part discusses the subject of the Charge. We can act in Japan for criminal penalties for illegal pyramid selling activities as a reference to seek a reasonable solution. Illegal pyramid selling members are in the different level of organization, different participants are convicted differently because of their different behavior. Leaders, including top leaders and lower level leaders, to consider the low-level leaders often with the following factors: Firstly,the regional scope of jurisdiction; secondly, Status and role of the members; At the same time the organizer and leader showed different behaviors that we can should carry out the distinction of them. For the active participant can be the subject of this crime,but ruled out the general participants.The third part is of the analysis of relevant elements of"serious". The main elements of the"serious"are the following: First, the amount of illegal operation or the illegal income; Second, the level and number of the organizations; Third, the dangers of pyramid selling means; Fourth, the size of social harm; Fifth, for the repeated pyramid selling activities,there are other circumstances, including the use of threats of violence and other means of retaliation for the prosecutors and so on..The fourth part is of Joint offence problems.The fifth part is of crime of behavior, And the analysis of preparation, attempted of this crime. Author for the seventh issue of organizing and leading sales activities in the judicial practice of sin and some confused the boundaries of offenses, including fraud, fraud in financing and production and sale of fake or inferior products.