On The Crime Of Organizing And Leading Pyramid Selling Activities

From the organization and leading the " fraud pyramid schemes" was provided by the "criminal law amendment(VII)" officially in September 28, 2009, it has been six years. Around this six years, although the public security organ and department of business administration from all over the country have never stopped fighting against pyramid schemes, momentum of pyramid selling activities not only has not been completely stop, but also with the deepening of the market economy in our country, a variety of financial and economic development in the form of diversity, pyramid selling activities have intensified, across the country malignant pyramid selling case emerge in endlessly, and organizational and social harmfulness is bigger, stronger, punishing pyramid sales in our country faced with a very serious situation.This article mainly from the organization and leading pyramid selling activities overview of crime, crime constitution, the judicial cognizance and legislative four parts to analyze the organization, leadership pyramid selling activities. Organizing and leading pyramid selling activities crime not only violates the socialist economic order,and at the same time violated the citizen property rights and the social management order; From the crime constitution of this crime analysis organization and leading pyramid selling activities sin against the leadership of the organization, is a fraudulent claims fraud type pyramid, with the nature of business archetype organization and leading pyramid selling activities should not be included in the scope of this crime punishment; For organizing and leading pyramid selling activities active participants in the case, shall be incorporated in the scope of this crime punishment; Units can become the subject of this crime; Through the "criminal law" article 224 the crime of organizing,leading pyramid selling activities, the expression of committed this crime belongs to the process; From the perspective of preventing crime, shall be determined from the fine punishment gradient and confiscation of property punishment of this crime two aspects,appropriate increase the fine punishment to crime.