Qualitative Analysis Of Organizational Leadership Pyramid Schemes

MLM activities intensified in recent years, due to its large number of personnel involved, the social dimension, seriously disrupting the normal economic order, affecting the social stability. For the above, February 28, 2009 the NPC Standing Committee passed the "Criminal Law Amendment (g)" added the organization, leading the crime pyramid schemes, pyramid schemes of the charges to determine the form that endanger society, the first times to separate the charges into the criminal law system. Soon as a new additional charges, whether in theory or practice have occurred in many disputes, the author based on previous studies, the case for the dispute with the pyramid schemes were studied.In this paper, cases, analysis of the organization, leading the specific meaning of the crime pyramid schemes, into the problem of crime officers limit the scope of this standard and other serious crime, in order for this case by the analysis of the organization, the crime of leading MLM research and practical application of theory provide a useful reference point. This paper is divided into four main parts:The first section describes the cause of the case and some details about it. Defendant Guzhi Cong, Liu Jingkai, Liu silver days, Zhou Wenjuan illegal pyramid scheme case.The second section summarizes the controversial opinion and controversial focus of the case. In this case, the controversy focuses on four aspects.The focus of dispute in this case are: First, whether the case constitutes a crime, four defendants; Second, the case law applicable, given the Criminal Code 1997 is applicable to the crime of illegal business operations or apply to the Criminal Code Amendment (g) direct sales organization and leadership set the crime.The third section analyzes the controversial focus of the case from the perspective of legal theory.This section is the core of this article. Main analysis of the organization, leadership and general crime of illegal pyramid schemes defined; organization, leadership behaviors identified; organization, identify the scope of the leader; of the amendment in the Criminal Code came into force seven pyramid schemes amendment seven cases to trial after the commencement application of criminal law; the crime and the severity of the penalty for the crime of illegal business more; the identification of serious crime; the focus of discussion in every controversy of the case after the controversy raised by the focus point of view.The last section is the research conclusion.Through specific cases and relevant legal analysis of the defendant Gu Zhicong come, Liu Jingkai constitutes organizing and leading the crime pyramid; accused Liu silver days, Zhou Wenjuan conduct did not constitute a crime; by organizing and leading MLM crime plot analysis derived defendant Gu Zhicong , Liu Jingkai behavior did not meet serious criteria, in accordance with section 224 of the Criminal Code provisions should ultimately be to organize, set at the crime of leading MLM.