Crime Of Organization And Leadership Of Pyramid Sales

In the synthesis construction harmonious society legalization's foundation, in February,2009 Standing Committee of the National People's Congress approved "the Criminal Law of the PRC Bill for amendment (Seven)" (below said that the bill for amendment (seven)), increased the leadership, the organization multi-level marketing activity crime. This crime is refers to the organization, the leadership implementation multi-level marketing behavior organization, the circumstance serious behavior. The organization, the leadership multi-level marketing crime's main body is the general main body, everything achieves the legal legal responsibility age, to have the criminal capacity nature average per person to be able to construct the cost crime. On the subject of crime, the organization, the leadership multi-level marketing activity crime can only by the organization, the leadership multi-level marketing activity personnel constitution, generally the participant and even the positive participant cannot construct the cost crime. The unit crime does not construct the cost crime.In this crime article, about "organization, leader" the concrete meaning as well as "the circumstance is serious" actual discretion of punishment standard not concrete elaboration. This creates in the concrete judicial practice, existence fuzzy law enforcement question. In this article on "organization, leader" the meaning, namely was responsible for the scope which, the amount which in the marketing network's level managed, was involved in a case and so on several aspects carry on the synthesis consideration, thus determined that concrete carried out the standard. But "the circumstance is serious" the criminality definition for an illegal activity small part, caused the criminality to have highly illegal. Judge has is very greatly free decides after deliberation the power, in judgment case plot whether serious is also simultaneously in the judgment behavior whether to have should receive illegal which the penalty punished.At the same time, in the article in view of the economy which class with the organization, the leadership multi-level marketing activity crime was similar, the cheating class crime has conducted the contrast research. Has differentiated the organization, the leadership multi-level marketing activity crime and the illegal management crime's boundary with emphasis."Criminal law Bill for amendment (Seven)" Illegal organization multi-level marketing criminal activity stipulation for organization, leadership multi-level marketing crime, although carried on the effective attack and the deterrent to the multi-level marketing member has provided the powerful legal safeguard, had certain alleviation to the above question. But the legislation still had many deficiencies. For instance the stipulation is insufficient to this crime subject of crime's criminal law rules and regulations scope, as well as investigates the standard not to be clear about and so on questions, this article proposed that consummates the suggestion.