The Study On Criminal Law Regulations And Systems Of Pyramid Selling Crime In China

Pyramid selling crime is a kind of crime that has great harm to our society at present. The more important problem is how to make criminal law for it. Our country has officially made regulations and systems to pyramid selling crime as a formal legal form, based on the regulations of pyramid selling crime in the amendments to the criminal law (7) in 2009. But on account of limited time, there is still dispute over many issues. On which background, this paper analyzes the present conditions to make criminal law regulations to pyramid selling crime, through the related concepts and legislative background introduction as well as making the detailed analysis to crime constitution , sin number form and the distinction between the different crimes of organizing and leading pyramid selling. The author hopes that the relevant research can make a certain contribution to some more important issues in pyramid selling crime of our country so as to provide the correct basis to the improvement of the relevant legislation and judicial practice activities. This thesis is divided into 3 parts:Part-1 is the summarization of pyramid selling crime. This part clears off the concepts of pyramid selling, direct selling and illegal pyramid selling which are easily mixed-up. Among them, the difference between pyramid selling and illegal pyramid selling is a very important content to define pyramid selling crime, which can be as the critical theory matting to the relative content in the following part of this paper. In addition, the author briefly introduces foreign legislative situation about pyramid selling crime and brief history of criminal law regulations and systems of our country till now. Although the history of pyramid selling crime in our country is not very long, our government make obvious changes to the way of the regulations and systems of pyramid selling crime at present. In general, it embodies the trend from the lack of special regulations to specialized legislation regulations.Part-2 is the crime constitution of organizing and leading pyramid selling activity crime. It is the key section of the whole context. This part analyzes objective aspect, subject of crime and subjective aspect of organizing and leading pyramid selling activity crime orderly. Especially in the objective aspect, it analyzes how to understand organization and leadership activities, how to understand diddling property as well as conviction criterion of this law and how to serious crime and puts forward some legislative suggestions. From the overall, the intention that lawmaker seeks to define a most reasonable crime circle is represented by the regulations of organizing and leading pyramid selling activity crime. This point can be represented from accusation of this crime to punishment object of this crime. The reasons why we formulate these regulations are as follows. On one hand, pyramid selling crime involves many people. The striking scope of criminal law will be enlarged if defining this circle as a big one. What's more, it will be unpractical in the actual operation. On the other hand, the social harmfulness of this crime is more severe. If the range is too small, it will not make for the fight against pyramid selling crime. Lawmaker legislation process of organizing and leading pyramid selling activity crime is a trade-off process of lawmaker. From the overall, the legislation of this crime achieved the lawmakers'intentions.Part-3 is another issue of organizing and leading pyramid selling activity crime. This part involves sin number form problems of this crime and the distinction between this crime and some easily mixed-up crimes as well as accomplice form question and the applicable law issues of striking pyramid selling crime at present in our province. The distinction problems between this crime and other crimes are very important, which is because pyramid selling crime often follows some other crimes. So it is easy to mix up the activities crime of organizing and leading pyramid selling with these crimes. This needs us to grasp the key features of this crime, so that we can make crucial distinction.Finally, I summarize the whole context and conclude that the regulations of organizing, leading in pyramid selling activities crime in the Amendmentâ…¦to the Criminal Law of the People's Republic of China is a milestone to consummate the fight against pyramid selling crime. Although there is different interpretations to it at present, we believe that with the improvement of the relevant judicial explanation and theoretical explanation, it will play an important role in the fight against pyramid selling crime.