Research On Crime To Organize And Lead The Pyramid Selling Activities

Pyramid selling activities is an illegal activity which seriously disturbed social and economic order, against the legitimate interests of the people, affect social stability and economic development of the country. State Council Legislative Affairs Office and the Ministry of Public Security, State Administration for Trade and Industry and other departments and civil social groups and legal persons and so on, in order to crack down on illegal pyramid selling criminal activities, we should make special provisions to crack down pyramid selling criminal activities. February 28,2009, the seventh meeting of the Eleventh National People's Congress passed the "Criminal Law Amendment (7)", adding the crime of organization and leadership of the pyramid selling activities. Criminal Law Amendment (7)" Article IV of the new offense of the crime is a stakeholder-type crime, a serious departure from its direct sales activities, market economy, the reality of the pyramid selling is a type of economic fraud, interwoven with the victim and offender, characteristics of transformation. This article is based on "Criminal Law Amendment (7)", studies the origin of the pyramid selling, hazards, and the reason for the establishment of the crime of pyramid selling activities in the criminal law, proposes the following:organization, leadership of pyramid selling crime endanger illegal social marketing economic order, social order and the ownership of people's property;the crime of pyramid selling should not include direct sales activities, which payment-based direct sales team, and pyramid selling activities can only implement by positive behaviour; individuals and corporations can become the subject of the crime of pyramid selling, which can only be formed by the organizer and leader of pyramid selling activities, the one which just participate pyramid selling activities can not be the subject of the crime; the organizer and leader of the crime of pyramid selling activities showed a directed intention, the one who shows indirection and negligence does not make a crime; implementation of the organization and leading behaviour of the pyramid selling activities, while implement harm, kidnapping, killing and raping etc,who should be punished after his repeated crime;lay down the standards of the seriousness of the crime, maximum the statutory punishment of the subject of the crime, add the punishment of confiscation of properties.