The Legal Analysis Of The Crime Of Pyramid Selling Activities Organized By Ma And Others

This article takes the crime of "Ma and others leading pyramid selling activities " as the entry point,the full text altogether set up four chapters,following the logical structure of asking questions-analyzing problems-solving problems,using literature analysis,comparative analysis,concept analysis,legal interpretation methods for research,the article has both the generalization of the theory and the analysis and response to the problems in the case.Firstly,the article introduces the basic situation of the case and the result of the judgment,summing up the two controversial issues involved in the case.One is the legal definition of "organizer and leader" in pyramid selling activities,that is,whether Ma is the organizer and leader of the pyramid selling activity,and whether he constitutes the crime of organizing and leading pyramid selling activities.The other is the number of subordinates and the identification of the hierarchy.The second is the legal analysis of the focus of the dispute.Combine the "Criminal Law Amendment(7)" and "Opinions on Several Issues Concerning the Application of Law in Criminal Cases of Organizing and Leading Pyramid Selling Activities"(hereinafter referred to as "opinions"),applying the interpretation of criminal law to analyze the subjective and objective aspects of the Act,defining the organizer and leader of pyramid selling criminal activities,and to distinguish the identities and responsibilities of other participants in the pyramid selling criminal activities.Thinking Ma is only an active participant in the pyramid selling activities,does not meet the requirements of organizing.Analyzing the objective behavior of Ma from the behaviors and objects of the organization and leadership,it was pointed out that Ma deceived others to join the pyramid selling organization and actively developed the downline.It was not an act that played a key role in the implementation of pyramid selling activities.It was not in conformity with the objective aspects of the crime,and therefore it was even worse.This part also addresses the disputes between the prosecution and the defendant regarding the number of offenders and the level determination of the development of the defendant Ma,analyzing the cognizance of "number and magnitude" and "organization,leader of the relationship between".The article third part,using comparative analysis methods,clarifies the distinction between organizing and leading pyramid selling activities and non-crimes,and other related crimes,and clarifies that “team compensation”does not fall within the scope of this crime regulation system.From the constitutive elements of crimes,the author discusses the differences between the crime and the crime of fund-raising fraud and the illegal absorption of public deposits,and clarifies the relationship between different crimes.The last part is the author's legal thinking about this case.To crack down on high-profile pyramid selling criminal activities,it is necessary not only to clarify the quantifiable criteria for organization and leadership,to set penalties for penalties for this crime,to increase the punishment for confiscation of property,to improve the punishment system for this crime,but also to prevent and manage groups and establish long-term effects,so as to eradicate the pyramid selling criminal activities.