The Research Of MLM Organization Crime In China

On February 28,2009, "The amendment of criminal law (7)"had passed a new sin "organizing, leading pyramid selling activities" about MLM crime. The sin is very helpful to combating pyramid schemes further and it's a powerful weapon to o prevent and control MLM crime. On May 18,2010, the Supreme People's Procuratorate and the Ministry of Public Security join together to issue the "Supreme People's Procuratorate and Ministry of Public Security on the public security organs under the jurisdiction of the criminal case prosecution standard requirements (2)".This judicial interpretation has cleared filing standards of MLM crime, and in favor of Judicial practice to unit Conviction criterion against MLM crime.This article first analyzed the concept and criminal form of MLM crime, Cleared MLM crime in China just contains "organizing, leading pyramid selling activities". Then, this article analyzed abortive and ending form of the crime, the accomplice of the crime, number form of the crime. And then, through comparative study of MLM crime, this article found how to identify it with other crimes, distinguished the problem between this offense and that offense.Finally, using lessons learned, logic and other methods, this article proposed the suggestion of how to perfect MLM crime in criminal legislation.However, although the sin of "organizing, leading pyramid selling activities" is new sin which is independent from illegal business, there are still a lot of imperfections. Such as it is narrow of the crime subject and the property punishment is not enough. So, it is this article innovation point in how to apply "organizing, leading pyramid selling activities" and how to perfect MLM crime in criminal legislation.