The Study Of Legislation About Organization, Leadership Spread To Sell Movable Offense

The word of"Chuanxiao"is endowed with a specific meaning due to different situations of social economy, but with the more of understanding the essence of Chuanxiao its connotation is bound to return to the definition of"pyramid selling". Chuanxiao is one kind of behavior against society seriously and it erodes the order of social morals and ethics, deviating from the socialist thought of justice and benefit. Chuanxiao is also a potential risk in today's society and once the outbreak, it will damage the whole nation and society. The Amendments(7) to the Criminal Law of the PRC settled organization, leadership spread to sell movable offense and its legislation legitimacy is based on the social reality. The criterion of criminal measurement of organization, leadership spread to sell movable offense is not clear in legislation and judicial practice. Instead, the"severe case"engages in the upgrading of Legal Sentence, which easily blurs the line between violation of Administrative Law and criminal offence. The"severe case"should be the factor of criminal measurement and the organizational behavior and leader behavior should be refined for the criterion of criminal measurement by judicial interpretations, which has the vital significance to the exact use of organization, leadership spread to sell movable offense. In judicial practice, organization, leadership spread to sell movable offense often confuses the crime of fraud, the crime of illegal business and the crime in manufacturing and selling the forgery. But organization, leadership spread to sell movable offense has a law competition-collaboration relationship with the crime of fraud. When an act violates the two crime, the principle of heavy penalty superior to light penalty should be applied for conviction and sentencing. The difference between organization, leadership spread to sell movable offense and the crime of illegal business lies in behavior type. The former regulates"pyramid selling"which embodys"play character"and"charge entrance fee"and the latter punishs the group's operating behavior-based marketing team paid. When an act offends organization, leadership spread to sell movable offense and the crime in manufacturing and selling the forgery at the same time, the criminal should be punished according to the more serious offence on the grounds of implicated offense in criminal theories.