An Empirical Study On The Conviction Of Technical Personnel In The Crime Of Internet Pyramid Selling

Due to the intervention of Internet information technology,the traditional pyramid selling identification mode,which has already become mature in the criminal law circle,has caused many difficulties in practice.Therefore,this paper takes the technical personnel that is the core elements of the Internet pyramid selling crime as the research object,in view of the problems in the process of judicial practice,relying on the sample data combined with the existing theories,the author intends to explore the path and methods of conviction of the technical personnel in the Internet pyramid selling crime.The first part is the overview of Internet pyramid selling crime.There are both similarities and differences between Internet pyramid selling crime and traditional pyramid selling crime.On the premise of defining the scope of Internet pyramid selling crimes,this paper summarizes five characteristics and two crime modes of Internet pyramid selling crimes based on its similarities with traditional pyramid selling crimes in the subject of crimes,the extension of behaviors and the elements of" defrauding property ".The second part is the statistical analysis of the technical personnel criminal cases of the Internet pyramid selling crime.Through the statistical analysis of Internet pyramid selling criminal technical personnel involved in criminal cases,in judicial practice,when it is determined that a technical personnel is guilty of "the crime of organizing and leading pyramid selling activities ",there will be a problem of lack of type of technical personnel,the fact that the "organizer or leader" is not standardized,and the responsibility of the accomplice is unclear.Therefore,in this paper,technical personnel in Internet pyramid selling crime is divided into two types according to behavior subjects and function types in order to seek a possible way to "helping information network crime".The third part is the controversial issue of the conviction of technical personnel of the crime of Internet pyramid selling.The controversial issue of the conviction of technical personnel of Internet pyramid selling cases is mainly reflected on three aspects:Firstly,unclear distinction between types of technical personnel's behavioral subjects may lead to inaccurate criminal regulations.Secondly,unclear ways in which technical personnel are identified as "organizers or leaders" will lead to irregularities in the identification of the subject of crimes in "organizing and leading pyramid selling activities" and will lead to the blank of judicial application in the regulation of witness type technical personnel.Thirdly,in the case of an accomplice,the nature and nature of the help of the Internet Technical Service provided by the technical personnel are unclear,which will lead to unclear opinions on the distinction between the principal accomplices in the application of the crime of "organization or leadership of the crime of pyramid selling activities",the application of the "helping information network crime" attitude is too cautious and the scope of penalty of helping behavioral technical personnel is not clear.The fourth part is the improvement of the application of the criminal law of technical personnel in the Internet pyramid selling crime.In the process of applying criminal law to technical personnel in Internet pyramid selling crimes,it is necessary to define the types of technical personnel reasonably in the first place,so as to fundamentally reflect the differences between the two types of behavior subjects.Secondly,while clarifying the way in which technical personnel belongs to "organizers or leaders",the active participation of technical personnel suggested the application of "helping information network crime" to regulate.In the case of accomplices,it is necessary to take into account the effective distinction between the principal and the offender when applying the "organization,leadership of the crime of pyramid selling activities",and also to take into account the introduction of the theory of helping behavioral criminalization in the application of the crime of "helping information network crime" to make an effective distinction between the nature of technician's behavior and the scope of penalty.