Discussion Of Crime Of Organizing And Leading Pyramid Sales

With the development of China’s reform and opening up as well as theestablishment of marketing economy, direct response marketing system has beenintroduced into the Mainland of China rapidly. Due to the immature of China’smarketing economy, the direct response marketing, as a mode of operation andmarketing without shops, has been showing a non-virtuous growth trend and pervertedinto pyramid sales rapidly. With the full transformation of China’s economy andsociety, the pyramid sales, as a method of reaping exorbitant profits by illegaldefrauding, has been overspreading at the national level rapidly, and presenting somenew characteristics, which is detrimental to various aspects of China’s economy andsociety. To effectively resist the spreading of pyramid sales activities, Chinesegovernments have been making their long-term efforts and explorations to thelegislation dealing with pyramid sales. They have been taken relevant measuresagainst pyramid sales at different stages according to the characteristics ofdevelopment of that age at that time, but the achievements were subtle, which causevarious pyramid sales activities even more fierce. The promulgation of Amendment Ⅶto the Criminal Law of the People’s Republic of China on February28,2009marksthat the legislation dealing with pyramid sales goes ahead toward a new step.Undoubtedly it would be an active reaction to the more rampant criminal activities ofpyramid sales that pyramid sales become offences governed by criminal law andconstitutes an independent crime. However,Because of the influence of realenvironment and legislative technique. There are still many deficiencies in legislationas well as uncertainties in judicial identification with respect to the “Crime ofOrganization and Leadership of Pyramid Sales”. Consequently, there is more detailedanalysis and evaluation on this latest legislation.Which makes a bold design ofconsummating our national law and setting the correct auxiliary measures. Trying tofurther control the strength of the blow on pyramid selling crime, can force to curbexpansion, without affecting people’s motivation and confidence of national laws andpolicies, and promote the development of China’s socialist market economy.