Comment On The Case Of Lin Huangyao And Others Organizing And Leading Pyramid Selling Activities

In the 90s of last century,pyramid selling activities began to spread to China,and the storm continued.The activity of pyramid selling not only seriously infringes on the property rights of citizens,but also leads to the failure of the people involved in pyramid selling,and even some pyramid marketing participants have been seriously threatened because of the serious threat.The cases reported in recent years can be seen.In order to increase the strength of the attack,our country's legal choice is to crack down on the activities of pyramid selling,and increase the crime of organizing and leading the activity of pyramid selling in the criminal law amendment(seven).The establishment of this charge has played a deterrent and deterrent role in the rapid development of pyramid schemes.But in judicial practice,there are still many problems to be discussed,such as how to identify the organizers,leaders and active participants of pyramid selling activities,how to identify the number and hierarchy,and what is the difference between the group and the team.From Lin Huang Yao and other organizations and leadership pyramid selling cases,we can see that a pyramid selling activity is to sell certain products or provide some kind of service as a front,to develop the downline directly in the way of pulling people's head,and to seduce others with high returns,but in fact,it does not sell real products or provide actual clothing.All funds are paid back by the people who have joined it.The two is that the organizers and leaders should identify as organizers and leaders as long as they carry out the key role of leadership and management in planning,decision-making,command and coordination in the activities of pyramid selling.Three,the main difference between simple "team payment" and pyramid selling crime is to adopt different reward or reward mechanisms.The four is the standard of determining the number and level of the number of pyramid selling activities,which limits more than thirty people to the MLM personnel managed by the organization and the leaders,and the direct or indirect development of the downline.Five,it is the essence and ultimate goal of organizing and leading pyramid selling activities.