Studies On Pyramid Sales Crime

With the development of China's reform and opening up as well as the establishment of marketing economy, direct response marketing system has been introduced into the Mainland of China rapidly. Due to the immature of China's marketing economy, the direct response marketing, as a mode of operation and marketing without shops, has been showing a non-virtuous growth trend and perverted into pyramid sales rapidly. With the full transformation of China's economy and society, the pyramid sales, as a method of reaping exorbitant profits by illegal defrauding, has been overspreading at the national level rapidly, and presenting some new characteristics, which is detrimental to various aspects of China's economy and society. To effectively resist the spreading of pyramid sales activities, Chinese governments have been making their long-term efforts and explorations to the legislation dealing with pyramid sales. They have been taken relevant measures against pyramid sales at different stages according to the characteristics of development of that age at that time, but the achievements were subtle, which cause various pyramid sales activities even more fierce. The promulgation of AmendmentⅦto the Criminal Law of the People's Republic of China on February 28,2009 marks that the legislation dealing with pyramid sales goes ahead toward a new step. Undoubtedly it would be an active reaction to the more rampant criminal activities of pyramid sales that pyramid sales become offences governed by criminal law and constitutes an independent crime. However, because of the influence of legislative technique and real environment. there are still many deficiencies in legislation as well as uncertainties in judicial identification with respect to the"Crime of Organization and Leadership of Pyramid Sales". The writer hope to find a reasonable route in improvement of legislation and a clear and normative mode in judicial identification with respect to pyramid sales through my analysis and research, in order to make an individual effort for fighting against pyramid sales criminal activities .The pyramid sales become a cancer of social development after they were detached from right track and perverted into illegal activities. To resolve the problems of pyramid sales crimes, the writer hereby carefully and deeply analyzed the concept of pyramid sales crime as well as the characteristic of its composition through conscientiously research in the relevant foreign legislation dealing with pyramid sales crimes combined with China's survey of legislation dealing with pyramid sales, upon which clarified the relevant issues in judicial identification based on China's current legislation dealing with pyramid sales as well as social legal environment. Finally, the writer pointed out the defects and deficiencies in the"Crime of Organization and Leadership of Pyramid Sales"and further proposed relevant suggestions on the improvement of legislation. There are five parts in this Paper with approximately 300,000 words, the main contents are as following:Part 1. The relevant legislation survey of pyramid sales crime. By tracing the origin of foreign pyramid sales crimes and conscientiously carded the course of development, and briefly introducing the relevant legislation dealing with pyramid sales crimes in major foreign areas and nations such as U.S.A, Europe, Asia and so on, in order to provide theoretical basis for China's legislation. And carded the development of China's legislation dealing with pyramid sales.Part 2. The reason of taking pyramid sales as crimes and relevant analysis. Mainly introduced and analyzed the necessity and justice of taking pyramid sales as crimes objectively and painstakingly.Part 3. The concept and composition of pyramid sales crime. Mainly analyzed and introduced the concepts of pyramid sales as well as pyramid sales crime specifically, and analyzed the characteristic of composition of pyramid sales crime carefully and conscientiously.Part 4. The judicial identification of pyramid sales crime. Mainly by the analysis and judgment on the manner of behavior of this kind of crime, clarified how to identify crime with non-crime, this kind of crime with that kind of crime, common crime and identification on number of crimes.Part 5. The defects of legislation and improvement on China's current pyramid sales crime. ,Mainly carded and analyzed the defects existed in the China's current legislation dealing with pyramid sales crime and proposed the relevant improvement measures.