Research On Organizing And Leading Pyramid Selling Crime In Judicial Determination And Legislative Perfection

Pyramid selling activities is an illegal stakeholder-type crime which seriously disturbedsocial and economic order, against citizen’s legitimate property interests. To prevent theincreasingly fierce pyramid selling activities, the standing committee of the National People’sCongress passed Criminal Law Amendment (7) in February28th,2009, which stipulates thesin of organizing and leading pyramid selling activities as well as takes pyramid sellingactivities as separate crime. Therefore, to some extent, Criminal Law Amendment (7) makesup the blank on the criminal legislation and marks that pyramid selling legislation has been ina new stage in China. The puzzling problems in organizing and leading pyramid selling crimein judicial determination are discussed, including crime from non-crime, crime of this kind orthat, double-track system in pyramid selling crime law, crime pattern, etc. I clarify my ownviews on some disputes and put forward legislative suggestions, hence, the above all sorts ofmeasures have positive influences on crime practice, crime determination and legislativeperfection.There are four parts in this thesis except the introduction and conclusion:The first part makes a literature review on the organizing and leading pyramid sellingcrime, which introduces the origin and damage of pyramid selling activity as well as theevolution of criminal legislation on pyramid selling.The second part analyzes criminal constitutions of the organizing and leading pyramidselling crime. First of all, the main body of the crime includes natural person and unit, butactive participants are not. Second, the subjective aspect of this crime performs purposefullyand defrauds others’ property on purpose. Again, the objective aspect of this crime performsthat the actor organizes and leads pyramid selling activities, disrupts social and economicorder. Meanwhile this crime can only be carried out by actions. Finally, the object of thiscrime is complicated, including the order of the market-oriented economy, the order of socialmanagement and citizens’ property ownership.The third part introduces the judicial determination of the organizing and leadingpyramid selling crime, which plays an important role in this thesis. At first, bydistinguishing pyramid selling and direct selling, it defines this crime’s crime and non-crime.Second, by comparative analysis between this crime and other similar criminal charges, it makes clear definitions of crime of this kind or that. Again, based on double-track system inpyramid selling crime law, the “Group Capitation”(Multi-level marketing) still should bepunished in accordance with the crime of illegal business. Finally, from the aspect of crimepattern, this crime should combine specific case and then make it different.The fourth part provides the legislative perfection of the organizing and leading pyramidselling crime. One is that it proposes to define the standard of gravity of the circumstances inthis crime. The other is that it advises to add the punishment of confiscation of property and tostrengthen the punishment for the organizers and leaders in pyramid selling activity.