The Study Of The Crime Of Organizing Or Leading The Pyramid Selling Activities Of Rebate Policy

Remarketing pyramid schemes are a new form of MLM that has prevailed in recent years.They use high rebate as a bait to cover up illegal activities in a legal manner and carry out pyramid schemes.However,due to their diverse forms and strong concealment,they are used in judicial practice.There is some controversy on the determination.These disputes are mainly focused on the identification of behaviors,the identification of active participants,and the identification of criminals with illegal fund-raising.First of all,on the issue of the identification of behavior,the author believes that it is possible to start with the business model and determine whether the company can continue to operate under this type of rebate.Based on this,it will further proceed from "acquisition of entry fees","remuneration for the team",and "cheats Three specific determinations.The "entry fee" must be interpreted and judged in essence.Regardless of the form in which the organizer legally packages the "entry fee," it must be analyzed in essence.In the determination of "team compensation",it is necessary to distinguish between simple "team compensation"activities and non-pure“team compensation "activities.For people who do not have real business services and use people’s greed for psychological rewards,people’s ultimate goal is to make profits.Non-consumer,that can be identified as "team pay"-style MLM activities.The factual identification must be carried out in accordance with the nature of "cheat property acquisition," and it is necessary to analyze the source of the benefits of the MLM organization and its personnel,whether there is only a nominal "management side",and whether the ultimate purpose of the act is to obtain illegal interests.In the issue of whether the "active participants" can be included in the identification of the scope of the main body of crimes of organizing and leading MLM activities,the subject identification of the crime is not simply a theoretical issue,but is a substantive issue in a deep sense.The author believes that the scope of the subject of the crime is too broad and too narrow to be appropriate.When it is determined whether an active participant can be included in the scope of the subject,it can combine its role in the organization and contribute to the MLM organization.It is also advisable that hazards be appropriately considered.If the subject of this crime is limited to the scope of the organization and the leader,the active participation of non-organizations and leaders will only be dealt with by way of administrative penalties or criticism and education,which is not conducive to the fight against pyramid schemes.Therefore,the author agrees that it is appropriate to include active participants in the subject of this crime.In the judicial practice,there are similarities between the crime of illegally absorbing public deposits and the crime of fund-raising in reverse-trafficking pyramid schemes and illegal fund-raising crimes,and it is not easy to distinguish between them.The author believes that the crime can be distinguished from the crime of illegally absorbing public deposits from the object of infringement,the subjective purpose,and the objective aspect of the crime,from the perspective of the "illegal possession",the different understanding of "swindling" and the perspective of the participants and the organizational form.Distinguishable from the crime of fund-raising fraud,better conviction and sentencing.