Analysis On The Illegal Detention During Organizing And Leading Pyramid Sales Activities In The Aspect Of Criminal Law

Pyramid sales activities crime involves complex legal relationships and is often associated with the crime of illegal detention, intentional assault, intentional homicide crimes and so on, what the relationship between these crimes and organizing and leading Pyramid sales activities crime, a felony punishment or multiple crimes, the judiciary has been troubled by the problem. Based on predecessors studies, the author discussed controversies triggered by three prominent cases. In this paper according to the cases focuses on the problem of the relationship between organization, leadership behavior and illegal detention, organization and plot severe standards of Pyramid sales activities crime, through this these thoughts of this article in order to provide a little useful reference to theory and judicial practice. This paper consist three parts: the first part, the introduction of three cases and problems caused by the cases organization and leadership of Pyramid sales activities crime by Guo Qiang, Feng Yun and Jia Lili Pyramid sales activities crime detained student’s falling death case, Li Bing violence in Pyramid sales activities crime caused Han’s death; The second part is the commencement of controversies above, mainly analysing the nature of illegal detention and death caused by illegal detention in the process of organization and leadership of Pyramid sales activities, violence in detention in the process of organization and leadership of Pyramid sales activities causing death, the author put forward own ideas after the exposition of each of the focus of controversy; The third part,analysis on cases and the perfect legislative proposals. Through the above discussion the author believe that illegal detention in the process of organizational leadership Pyramid sales activities on the basis of the existing legislation does not constitute aggravated plot of the organizational leadership Pyramid sales activities crime, but should be identified as the organizational leadership pyramid sales activities crime and the crime of illegal detention of implicated offense. However in view of the principle of punishment of implicated offense is so controversial both in theory and practice, this paper holds that we should regard the behavior of illegal detention stipulated directly as the aggravated plot of organizational leadership pyramid sales activities crime in legislation, and according to the practice often results we should regulate the aggravated plot more detail and operational to further improve the requirements of this crime, violence behavior which caused deaths in the process of organizational leadership pyramid sales activities should be handled by multiple crimes. Through this thinking the author is expected to provide some useful guidance for judicial practice.