Research On The Crime Of Organizing Or Leading Multi-level Marketing

Multi-level marketing has serious social harmfulness, the Criminal law amendment (VII) of the People’s Republic of China has created the crime of organizing and leading MLM, providing a strong legal protection for combating the crime of MLM effectively. Regulation behavior for the crime of organizing and leading MLM is a kind of organization and leading MLM activities behavior which is diddling property and disrupting economic social order, named in marketing merchandise, service and business activities, requires participate to get joined qualification in the ways of paying fees or purchasing merchandise and service, and composition in a certain order, using the personnel number developing as the basis of paying or rebating directly or indirectly to allure and stress participate in who continues to develop others participate in. The crime is fraudulent in nature, can be only committed intentionally by the actors directly and hierarchical in nature, and must require personnel developing and entry fees charging. The regulation of the MLM type does not include the crime groups paid."Organizing and leading" should be partially limited in concept explaining. Active participants are not the subject of crime, but can use administrative punishment to those who actively participated in, but not constitute a crime yet based on specific circumstances, to those who already constitute a crime using the corresponding charges to be convicted and punished. Organizations, leaders and units are the subject of crimes for sure. In practice, the crime should be distinguished from the crime of illegal business, fraud and the fraud of the funds according to constitutive elements of crime. Any of the following circumstances, should be identified as "severe plot" as in the crime of organizing and leading MLM:(multiple times of MLM organizations, leadership activities, or after two or more administrative punishment still implement multilevel marketing; down on public or private property more than5million; development off the size of more than300people, and in a certain order to form the "five-stage three-order"8kinds of situations.