Study On The Problem In Legislation And Judicial Practice And The Exploration Of Solution

The illegal criminality of direct selling has been known of people. But less attention to nature of all kinds of the internal members of MLM organization. According to the implementation of the different behavior, MLM members are divided. Basis of this, to analysis the current criminal legislation and judicial practice.Before the criminal law amendment (seven) issued, MLM activities was sued by funding crime of fraud, the crime of illegal deposits from the public or the crime of illegal business. However, as a result of direct selling activities in behavior nature and funding fraud, illegal absorbing public savings behavior, illegal management behavior very different, with funding crime of fraud, illegal absorbing public savings crime, illegal operation shall be investigated for pyramid retail personnel sin the criminal responsibility of the judicial action violates the principle of legality. After Criminal law amendment issued, pyramid selling behavior to organize, lead, direct selling activities sin be independent condemnation, shall be investigated for criminal responsibility for pyramid retail personnel of judicial action with a clear basis, which to a certain extent in addition to judicial action against the principle of a legally prescribed punishment for a risk. Yet the legislation on MLM members in understanding the behavior nature there are lack of organization members classification careless, making should be punished by behavior has not been defined as criminal and judicial practice to bring trouble. In view of this, it shall refer to Japanese about MLM activities of the criminal legislation in our country and organised crime legislation for pyramid retail activities of the criminal legislation are to be revised.