The Improvement Of The Criminal Code Of Crime Of Organizing And Leading Pyramid Selling Activities

Since the pyramid sales began to spread,pyramid selling criminal laws and regulations are continue updating,but the pyramid sales continues,and is becoming more and more serious,now it is affect the life property safety of the citizens,therefore,this paper will through the five parts of pyramid selling,discuss several problems of Crime of organizing and leading pyramid selling activities,in order to improve the norms of criminal law of pyramid sales and provide the corresponding rationalization proposals and direction.The first part will introduce the concept of pyramid selling,its performance and characteristics,and analyze the reasons for its rapid spread.At the same time,differentiate the concept of pyramid selling and direct selling,which is easy to be confused.The second part will sort out the judicial interpretation of China’s current laws and regulations,analyze the criminal composition of the crime of organizing and leading pyramid selling activities,and present the existing provisions and solved problems in the current judicial interpretation.The third part will find out some unsolved problems in current laws and regulations,show and analyze the opinions of Chinese scholars on them.For example,the active participants and general participants of the team are not included in the scope of criminal penalty,can they be included in the scope of criminal law or punished by other means? The dispute about the application of single track system and double track system;The fact that the team’s remuneration is not included in the scope of punishment is not conducive to the protection of interests;Unscientific standards of prosecution and disputes over application details;The whole current criminal law system of pyramid selling crime is not enough to crack down.The fourth part is also the most important part of the full text,it will be aimed at problems of pyramid selling crime,put forward the corresponding improvement Suggestions one by one.The active participants and general participants of the team can be clearly divided into responsibilities,the serious criminal circumstances can be included in the scope of criminal punishment.Other participants can learn from the legislative experience of the United States and Japan and punish by administrative law or civil law.Suggestions on the application of monorail system or dual track system;Bring the team’s remuneration into the scope of punishment;Flexible application of prosecution standards,adjustment of the number of people required and other factors related to pyramid selling crime;Presenting a more optimized legal system;Pyramid selling crime can be included in the process of sentencing standardization.The last part is a summary of the foregoing,and the recommendations of other aspects except the criminal code.