The Research On Organizing And Leading The Activeities Of The Crime Pyramid Schemes

In recent years, with the direct sales activities in China are increasingly frequent, direct sales organization of the size and amount of money involved are continuing expansion of its social harm is increasing. As a result, February 28, 2009 the Eleventh National People's Congress Standing Committee adopted by the seventh meeting of the "Criminal Law Amendment (7)" Article IV explicitly states: "organization, leading to selling goods, providing services such as business activities under the pretext of requiring participants to pay fees or purchase of goods, services, etc. obtained by adding qualifications and in accordance with the composition of a certain sequence level, directly or indirectly, the number of development personnel, as paid or rebates based on inducement, coercion of participants to continue to develop other participation, obtaining by deception, disruption of social order, direct sales activities of brokers, the Department has its own five years in prison or criminal detention and a fine; the circumstances are serious, at least five years imprisonment and a fine. "organizing and leading the activities of the crime pyramid schemes is a process involving more than a crime, that it does not give society the accumulation of wealth, is essentially a pyramid of economic fraud. Such crimes not only against the people's interests, but also adverse effects on social order, in view of pyramid selling activities in our country, as well as the legislation has just started in MLM activities intensified the fact that in our country, I believe that it is necessary to direct sales activities, further attention and research.In this paper, case studies, organizing and leading the legislative interpretation of the crime of direct sales activities, analysis of organizing and leading direct sales activities, the main body of the crime of existing problems, pyramid schemes of product attributes problem, a direct sales target problems, and legislative aspects of the crime of its own proposals with a view to improving China's criminal legislation. In addition to this Introduction and Conclusion, the main content is divided into five parts:First, case, and of the problem. This section provides a brief summary analysis of the "World Pass" Network Technology Co., Ltd., and Shiyong Bing and others organizing, leading direct sales activities of the case and the case of debate an indecent, and put forward relevant issues.Second, organization, leadership activities of the Crime of reason pyramid schemes. This section of the legislative origins of this crime was a simple analysis to explain the necessity of introduction of this crime.Third. The crime at issue and other related analysis of the problem. This section combines the theory of criminal law related to the previous related issues raised by the analysis of the system and put forward the author's own point of view.Fourth, this crime in the legal deficiencies in the application of legislative proposals. The focus of controversy in part through the analysis of the above discussion, the author proposes his own point of view, and improve the organization, the leadership of the crime of direct sales activities, the legislation put forward his proposals.Fifth, containment of organizing and leading direct sales activities in response to the crime. This section from a social point of view of the root causes of crime, pyramid schemes put forward to curb the organization, leading direct sales activities in response to the crime in order to better combat crime pyramid.