Research On The Crime Of Organizing And Leading Pyramid Selling Activities

Pyramid selling is a sales model of grabbing the illegal interests fraudulently, it often dressed in legitimate coat and the fraudulent has the nature of concealment, and presents new characteristics with the development of society, to make the cognizance of the crime more complex, so that the charges are more difficult to control and has brought great harm for the economic development and social stability.In order to curb illegal pyramid selling activities, illegal MLM organization crime is defined as "organization and leadership pyramid selling crime" by< criminal law amendment (seven)>, the crime of" pyramid "includes only pull the head of pyramid sales and collect fees MLM, not including team capitation pyramid style, this paper studies also limited to pull the head of pyramid sales and collect fees the pyramid. The legislation provides a powerful legal guarantee of effective Fight and deter crime pyramid. To deal with the crime appeared some problems and introduce the relevant judicial interpretation in subsequent judicial practice. However, pyramid selling crime is still repeated under various names, and still appears a lot of problems in the judicial application. In view of this, this paper on difficult problem of the organizational leadership pyramid selling crime to explore in the judicial practice and help to the judicial practice. Firstly, this paper clear the behavior element of organizing and leading the crime pyramid schemes from the"organizational behavior", "leadership", "cheat"; and to analyze the crime Form of crime from the crime of attempt, complicity form, the form of quantity of crime; and finally to clarify the crime and illegal business crime, fund-raising fraud, illegal deposits from the boundaries of the crime of public deposits.