A Empirical Research On Conviction And Sentencing Of The Organizing And Leading Pyramid Selling Activities Cases

"Criminal Law Amendment(7)" added the crime of organizing and leading pyramid selling activities, breaking the deadlock in the past without direct criminal law. However, due to the legislation is not mature, and along with the development of the socialist market economy, the form of pyramid selling activities continues to introduce new, which cause many problems of the conviction and sentencing in the judicial practice,a variety of controversy on the theory has been appeared, too. The conviction and sentencing of the organizing and the leading pyramid selling activities schemes is an important way to realize the punishment right of the criminal law. To this end, this paper is based on the relevant theory of conviction and sentencing about the crime of organizing and leading pyramid selling activities, on the basis of data statistics of referee instruments, comparing the practical experience which comes from the adjudicative document with the existing theory, reveal the regular of the cases about organizing and leading pyramid selling activities, in the end put forward some specific suggestions.In addition to the introduction and the conclusion, this paper is divided into three parts.The first part, the general situation of the organizing and the leading pyramid selling activities. This part mainly based on the statistics and analysis comes from 180 samples of judicial document. On the one hand, the judicial practice in the organizing and leading of the pyramid selling activities cases presented the basic situation is summarized. On the other hand,the difficult plight about the conviction and sentencing of the organizing and leading pyramid selling activities in the cases is summarized. Analysis that in the current situation, how do the organizing and leading pyramid activities cases in the judicial practice operate, then put forward same problems, show the way for the analysis of related factors on conviction and sentencing.The second part, An empirical analysis of the conviction and sentencing of theorganizing and leading of the pyramid schemes. The key factors of the organizing and the leading of pyramid schemes are analyzed, and based on the statistical analysis of relevant data,the theoretical view and judicial practice experience are combined to clarify the relevant legal provisions and their application in the process of conviction and sentencing. Conviction factors mainly include the “organizer”, “leader”, “to sell goods and provide services such as business activities in the name of definition”, analysis of joint crime necessity, the difference among crimes; sentencing factors such as “serious” determination, the performance after crime such as voluntary surrender, meritorious service, restitution, and specific interpretation of empirical research.In the third part, put forward the specific suggestion of empirical research which based on the analysis of the conviction and sentencing of the organizing and leading pyramid selling activities. First, expanding prosecution standards, in order to increase efforts to crack down on pyramid selling crime; second, formulate an sentencing rage to adapt the amount of money involved; third, to further clarify the applicable standards for "serious"; third, clear the mind of mutual crime; fourth, improve the probation usage; fifth, to improve the restitution of forgiveness system. Finally, the conviction and sentencing of the organizing and leading pyramid schemes should uphold the principle of "strict and not severe", considerate comprehensively of the whole case before and after the crime, the subjective and objective elements of the crime, in order to better achieve the unity of legal effect and social effect.