Study On The Crime Of Leading And Organizing The Pyramid Selling

Since the reform and opening up, the pyramid scheme under the guise of directselling in the name of spreading rapidly in China, caused serious damage to manyaspects of the market order and social life. In order to combat pyramid marketingactivities, since the90’s of the last century positive legislation, seeking to eradicatethe pyramid selling way. However, due to be regulated has not been in the criminallaw on pyramid schemes, pyramid schemes are still rampant. February28,2009,"theamendment of the Criminal Law of the People’s Republic of China (Seven)"formally established the crime pyramid schemes of organization and leadership Theemergence of the crime of organizing, leading the pyramid selling is an importantprogress of China’s pyramid selling legislation, marking the anti-pyramid schemecrime has entered a substantive stage, through the application of criminal law theoryand results of existing research in this article, combined with today’s marketingcrime judicial practice, to resolve this crime, hope to be able to play a positive role inpromoting the administration of Justice in criminal.This article is divided into three parts:Part I is an overview of the crime of organizing, leading the pyramid selling.First introduced the legislative background of the crime, pyramid schemes throughanalysis of some cases of damage to social life, and compare pyramid selling anddirect selling, from sales of behavioral targeting, acquiring the two distinctionbetween entry qualifications, remuneration and other aspects, so as to clarify the twoboundaries. Next on the United States, Germany, Japan, Korea and China’s Taiwanregion marketing legislation, pyramid schemes originating from the United States,but the United States does not require specialized marketing legislation, Germany onthe subject of marketing division is similar to provisions in the criminal law of China.Last expounded China’s process of pyramid selling legislation, can be seen indifferent historical circumstances, our Government’s crackdown on pyramid schemes are not the same, before the emergency of the crime of leading and organizing thepyramid selling, the pyramid selling legislation presents the process of fluctuating。The second part is the crime of organizing, leading the pyramid selling of theconstitutive elements of crime analysis. This crime is a complex object, including themanagement of public and private ownership of property, social order and the orderof the Socialist market economy. In introducing the objective aspects of crime,compared with Executive and legislative approach to this article reveals the crimesof acts, pyramid marketing activities including the prohibition of pyramid sellingOrdinance provides three forms: pull the head, charge entry fees and team payment,only the first two pyramid selling activities in criminal law. This crime is thestakeholder economy crime, differs from general crime group, identifying acts oforganizing, leading should pay attention to it when you are different from themeaning of everyday language, organization and leadership to be pyramid sellingactivities rather than the marketing organization. The counts of the crime of"serious" is the aggravating circumstances, not the convicted of plot, determinewhether the circumstances are serious means of organization size, amounts of moneyinvolved, and many other aspects to be considered. pyramid selling organizationsfrom top to bottom can be divided into organizational leadership, an activeparticipant and participants, the main body of this crime, only the organizer andleader of the top of the pyramid structure of this crime is generally the main, there isno unit crime, but enterprise engaged in pyramid selling activities in theadministrative law sense, is still pyramid selling actors. The subjective aspects of thecrime is intentional, and only the direct intention.The third part addresses the organization, the judicial determination of theleadership pyramid schemes crime. First team payment mode of the pyramid schemeis still applicable to the2001“approved” were discussed, considered from theperspective of the legal order,"Criminal Law of the Basic Law, effectiveness higherthan the" approved ", and from the development process of the criminal legislation,the Criminal Law Amendment (Seven)" replace "approved" complete, rather thansupplementary provisions, which should be based on the principle of legality, in linewith the pyramid selling acts constitute a crime applicable provisions of the criminal Law Amendment (Seven)". Followed by discussion of the patterns of crime,including three main issues:common crime, stop form for crime and quantity ofcrime: This sin is all the crimes in question, meet the standards of common crime,necessary common crime; To stop form, I first discuss the type of this crime, thiscrime to acts committed conclusion, and further preparation, attempt and abortedform are discussed in detail; Crime number, according to criminal law, this crime is aselective count of the perpetrator of this crime at the same time easily against otherlegal interests in practice to distinguish between the circumstances of a crime withseveral crimes. And finally from the elements aspect to the crime and similar charges(crime of illegal business, crime of fraud, crime of fund-raising fraud) carry outcomparisons case, to draw the boundaries of this crime and the others, furtherhighlight the characteristics of this crime, to solve the problem of specific operationin the judicial determination.