| The establishment of the crime of Organizing and leading pyramid selling activities and the introduction of the relevant judicial interpretation,a strong blow to the arrogance of pyramid schemes of criminal activity.However,with the development of pyramid selling activities,the pattern and type of MLM are changing and new problems are emerging.So how to correctly understand the crime of organizing and leading pyramid selling activities has very important effect on solving the difficult problems in judicial practice.In addition to the introduction and conclusion,this article is divided into three parts,mainly for the organization,leading to pyramid schemes of crime in the focus of difficult problems to analyze.The first part discusses the cognizance of the crime of organizing and leading the pyramid selling activity,and discusses the cognizance standard of the "organizer" and "leader" in the pyramid selling activities,the scope definition and the responsibility cognizance of the unit.In the comprehensive analysis and discussion,and put forward the legislative perfection of the proposal.The second part mainly discusses the problem of identifying the hierarchy and number of pyramid selling organizations,focusing on the understanding of the "30+persons",the fictitious "hierarchy" and "the number",and how to grasp the "hierarchy" and "number" of conviction evidence,And put forward the legislative opinions.The third part focuses on the analysis of the relationship between the crime and other related charges,from the aspects of the elements of the crime,to clarify the relationship between this crime and other crimes and boundaries. |
