Study On The Organizing And Leading Multi-level Marketing Crime

One of the article 224 regulations of the Criminal Law Amendment 7 regulate Organizing and Leading Multi-level Marketing Crime (MLM), it makes the punishment of illegal MLM activities more reasonable, better than punishing with other crimes such as illegal management and other similar charges, then it has formed a comparatively perfect legal system for the MLM Crime. MLM activities experienced more than 20 years in development in China, and it has certain effects on social and economic lives. Studying the charges has a positive effect on preventing, deterrence and punishing MLM behaviors.This paper using comparative analysis and standard interpretation method firstly introduces the MLM in domestic and foreign, then defines the MLM of our country. And then summarizes the attitudes and legislations for MLM evolution in China; Second discusses the constitutive elements and the criminal form of the Organizing and Leading MLM Crime, as well as differentiating with other related offences to comprehensive understand this new charge; Finally through the introduction of MLM's legislations wraparound of other countries, proposing our country some problems about the system of MLM crime, and briefly suggests some improvements.The full text is divided into five parts:In the first part, it has introduced the origination, the classification and the operation principle of the MLM, and then overviews the evolution of MLM in China, and defines the meaning of MLM. In China, in addition to Direct Selling, all other MLM are prohibited by law. Legal MLM in foreign and Illegal MLM banned in all the countries are both been banned in our country. Because it infringe the different legal interests, in our criminal law it has divided into these two MLM models called Managing MLM and Fraud MLM, and the regulated object of the Organizing and Leading MLM Crime is the fraud MLM.In the second part it analyzes the constitutive elements and the criminal form. On the constitutive elements of this crime, it main analyzes the criminal subjects——the connotation of the organizers and leaders, about the objective aspect of this crime, it main analyzes the characteristics of the fraud type; in the chapter of the crime form, it main comparative analysis from three aspects of the accomplice form, the Discontinuation of Crime and the pattern of crime number, this crime is arbitrary accomplice form, it exists preparation for a crime, unfinished criminal attempt, Discontinuation of Crime in the preparation for a crime and unfinished Discontinuation of Crime, this crime belongs to the typical one crime, when happen with other crimes, it shall be given a heavier punishment or several crimes according to different situations.In the third part, it discusses the differences between this crime and general unlawful act and other related crimes. The boundary with general unlawful act is it whether attain the conviction criterion. To compare the differences between the crime and illegal management, the Crime of Fraud and the crime of fund-raising, it differentiated from the aspects of the constitutes of these crimes in order to more clearly define this crime.In the fourth part, it mainly expounds the general situations of overseas for MLM crime. Whether in the United States, Europe countries or in some Asian countries and regions, the regulations of MLM almost include pros and cons. First provide the basis for MLM, and then provide severely punishments for illegal MLM.In the fifth part, it proposes some suggestions aiming at MLM crime problems of our country, we need to further perfected the legal regulations of MLM, further distinguished team of MLM and fraud MLM, which is the premise of correctly applying this crime charges, we should further demonstrate the criminal subjects, and who will participate the fraud MLM should be appropriate into the crime of punishment, the punishment standard should be clear-cut in the practice, related judicial interpretation should be issued by related departments.