Analysis Of The Crime Of Organizing And Leading Pyramid Selling

This dissertation bases on criminal theories and some research findings of domestic and overseas, it analyses the crime of organizing and leading pyramid selling in order to clear the component and to make fine distinctions with others,so that it can guide the judicial practice Activities scientifically.The chapter 1: Summarizes the Crime of Organization and Leadership of Pyramid Sales. Firstly, it presents the legislative background. There is no legal regulation at first, later it begins to limit the pyramid schemes strictly. And then to a total ban on pyramid schemes. The State Council adopts "Prohibition of Pyramid Selling Regulations" at August 23, 2005; it increased the efforts to crack down on pyramid sales crime; Secondly, it analysis the concept and features of the Crime of Organization and Leadership of Pyramid Sales , Essentially it means that whoever organizes or leads the pyramid selling activities to cheat the participants of property and disturb the economic and social order, in which, in the name of marketing commodities, providing services or any other business operation, the participants are required to obtain the qualification for participation by paying fees, purchasing commodities or services or any other means, the participants are classified into different levels according to a certain order, the calculation of remunerations or kickbacks to participants is directly or indirectly dependent on the number of persons recruited, and the participants are induced to continue or coerced into continuing recruiting others to participate, pyramid sales is not only a serious violation of the market economic order and administrative order, but also violations of property rights and interests of citizens; then the paper has defined the difference between indirect and direct sales ,.Pyramid sales Is an illegal business fraud behavior, so is not a method of distribution of goods and services essentially and it disrupts the financial order, endangering the economic security and social stability Seriously. Direct sales are legitimate business activities and are a commercial business activities allowed by the country; finally, it elaborated on the foreign-related legislation.The chapter 2: Describes the elements of the Crime of Organization and Leadership of Pyramid Sales. The main object is market economic order, the subordinate object is property rights, and the random object is administrative order. The objective aspect is violation of laws and regulations on the market supervision and management, organizes and leads the pyramid Sales, obtains property by deception, disrupts the market economic order And achieve the standards of criminal punishment of criminal acts; the subject is general subject, is that pyramid group of organizers and leaders is the age of criminal responsibility and criminal responsibility. According to two hundred thirty-one requirements the entity that commits the crimes shall be fined, and the direct liable person in charge and other directly liable persons shall be punished under the applicable paragraph.;subjective aspect is deliberately and has the illegal profit-making purposes generally.The chapter 3: The third chapter discusses organization, leadership is the special forms of pyramid, mainly expounds the three questions: (1) organization, leadership pyramid of the form. (2)Patterns of the Organization and Leadership of Pyramid Sales Crime.(3)The joint crime of the Crime Organization and Leadership of Pyramid Sales.The chapter 4:Analyses the Judicial Determination of the Crime of Organization and Leadership of Pyramid Sales, Including the retroactivity,Identify of the Crime of Organization and Leadership of Pyramid Sales and the boundaries with other crimes. The first part analyzes the retroactivity of this crime. Before and after the enactment of the Amendment to the Criminal Law of the People's Republic of China (VII), is convicted as crime of illegal business in general, unless it will be a lighter sentence, so there face a problem that there is no definite judicial interpretation between the serious circumstance and extremely serious circumstance. The second part points out the Identify of the Crime by the behavior and source of income of the participants. The third part analysis the boundaries with other crimes,including the Crime of Illegal Business Operations,the crime of Fund-raising fraud and the crime of fraud.Through the expound of the basic theory such as legislative background, concepts, basic features,constitutive elements of crime that the Judiciary can reach an agreement on the understandings of the laws, regulations and have a better coordination, and provide a strong legal protection to crack down on pyramid schemes effectively.