Research On Several Issues Concerning The Crime Of Organizing And Leading MLM Activities

In recent years,pyramid selling activities serious damage to the socialist market economic order,social management order and of the citizen's property ownership,then,in order to better combat and curb the rampant crime pyramid schemes,our country,in the 2009,"Criminal Law Amendment(g)" in the organization,leadership pyramid schemes crime pyramid schemes as a separate category of criminal law charges included.For our fight against crime pyramid schemes provided strong support criminal law,since then,our country in the fight against the pyramid schemes into a new stage.However,in judicial practice,pyramid schemes crime continues "evolution",since the legislation there is a certain lag.In addition,and the serious imbalance in the economic development and the legislative process,cause serious disconnect in actual legislation practice in our country,for failing to keep up with the changes of The Times.There are so many theories system in academia,never form a relatively unified,authoritative consensus.In judicial practice,therefore,in order to be able to give my handle this type of judicial staff to provide the theoretical support and more help.For example,demonstrated in this paper,we take and contrast demonstrates the research method of crime of organizing,leading MLM activities constitute the focus,this paper discusses the differences and disputes and the research has positive significance.In this paper,by analyzing the real life of the organization and leadership cases of pyramid selling activities,from analyzing the current some identified problems to deal with this case,The article roughly divided into the following several parts:First of all,as we all know,through hands-on,in cases of pyramid selling activities organization,leadership,list of the subject of this paper will focus on the research of identifying,in order to defraud money or property,and simply paid "team" the difference between the pyramid selling and pyramid sales three problems,in this part puts forward some ideas in this paper,the above problem.Second,in the second part focuses on the investigation about this crime legislation in China,on the cognizance of the crime,organization leader,whether the cognizance of the unit can constitute this crime subject and should be to distinguish the main and the problem of an accessory,in this part mainly puts forward the viewpoint of this article.Again,in the this article third part “to defraud money or property”for more detailed research and recognition,and easily confused words involved in the case to explain and differentiate,then targeted put forward in this paper,the understanding of each noun.Finally,specifically pyramid selling activities in this paper,through case study analysis of the pure "team paid" the difference between the pyramid selling and pyramid sales,in the part in order to distinguish between the two is more accurate,this paper studies from seven aspects.By combining the actual case with the traditional criminal law theory,to the above questions by the research and analysis,the cognizance of the subject of this crime,the cognizance of "to defraud money or property",pure "team paid" pyramid selling behavior and MLM distinction between crime and other related issues of this article made a detailed instructions,also put forward in this paper,then,in which some of the ideas,because more than a few questions is,indeed,the most common in the judicial practice,the criminal law is the last barrier of the rights and interests of the parties,and these problems are directly related to our country law of rigor,authority,and the personal rights,property rights and interests of those involved.