On The Crime Of Organization Or Leadership Of Multi-level Marketing

In recent years, under the cover of "fast enriching", multi-level marketing is spreading everywhere of our nation. Countless of people are forced to do things illegally when they are bankrupt after being cheated. This kind of crime is not only pernicious to citizen's property and personal security, but also is harmful to the sequence of economy, the development of the society. Although there are series of policies published to limit it, the multi-level marketing still develop rapidly, more and more critical.In order to attack crime of multi-level marketing effectively, in Feb28. 2009, Amendment? to the Criminal Law was passed by the seventh session of the NPC Standing Committee, the Crime of Organization or Leader of Multi-level Marketing is separated from the Crime of Illegal Operation, as an independent accusation in the Criminal Law, which after the article224. This independence article means a new course of the legislation about multi-level marketing, at the same time, it is the original strong reason for attacking the crime of multi-level marketing.In order to learn the Crime of Organization or Leadership of Multi-level Marketing, this thesis will introduce from the multi-level marketing and its damages, the criminal constitution, the judicial recognition and the punishment of this crime.The first part is the damages of the crime, though the display of the definition of multi-marketing and its detriment, though compare the difference among the crime of organization or leadership of multi-level marking, direct sale and illegal operation activities. draw a conclusion that the crime of organization and multi-marketing should be punished. Then analyzed the reason of it.The second part is said about the constitution of the crime, gathering the extant viewpoints, ensure that the criminal objects are the socialism market economy order, the order of social control and citizen's ownership of personal properties; The object of criminal behavior focus on the borderline of legal and illegal, whether nonfeasance can be the criminal and the level of "serious details"; Analyzing though the commit of person and unit, the principal part of multi-level marketing is individual, based on that, pay attention to the definition of organizer and leader; the subjective elements of this crime is direct intention, in addition, knowledge about illegal deeds are necessary.The third part of this crime is the judicial recognition. Include that:(1),the difference between the direct sale and multi-marketing.(2),the difference between the relative crimes (Crime of Fund Raising, Illegal Operation, Illegal Pooling of Public Deposits) and the crime of organization or leading of multi-marketing.(3),the complicity,quantity and cease of the crime of organization or leading of multi-marketing.The last part is talking about the punishment of this crime. According to the recent situation of multi-marketing, A piece of article in the criminal law can not attack the crime effectively. Societal strength should be transferred, such as the management of land renting and the extraneous. Linking all the strength together. At the same time, the legislation of multi-marketing should be completed. The thesis makes some own suggestions. First, involving the energetic participates into the extent of crime, enhance the level of hit. Second, strength the punishments, such as increasing confiscation of property, even adding "Crime of Establish Multi-level Marketing Organization" to ensure the attacking to the crime.