Research On Legislative Perfection Of The Crime Of Organizing And Leading Pyramid Sales Activities

In the 1990 s,pyramid selling activities were introduced from the United States to China.It has been more than 20 years since then.During this period,China's attitude towards pyramid selling activities has undergone several changes.At first,pyramid selling activities were not regulated,then entered a period of strict restriction or even total prohibition,and finally,pyramid selling activities were partially opened up and finally convicted independently,forming the existing punishment and prevention of pyramid selling activities in China.Active preliminary legal system."Criminal Law Amendment(VII)"(hereinafter referred to as "Criminal Seven")is the crime of adding organizations and leading pyramid schemes to crack down on illegal pyramid schemes.It has established in the form of formal law to punish and combat pyramid schemes through criminal law,temporarily breaking China's The lack of criminal law based on the crackdown on pyramid schemes did meet the needs of judicial practice at the time.However,MLM spreads like a virus.With the rapid development of finance,network and communication technologies and the rapid development of social economy,it is difficult for organizations to lead the pyramid scheme to adapt to the changes and development of the pyramid scheme.The criminal legislation of pyramid schemes is increasingly manifested.The actual utility of combating pyramid schemes is weakened.The current criminal legislation of pyramid schemes is relatively lagging behind the provisions on combating pyramid schemes.There are problems such as incomplete criminal sanctions,incomplete criminal sanctions,and single punishment.The expression of pyramid schemes in Criminal Law is slightly different from the pyramid scheme in the Regulations on Prohibiting Pyramid.The scope of pyramid schemes in the sense of criminal law is narrower than the scope of pyramid schemes in the Prohibition of Pyramid Regulations.The team's paid MLM is not fully included in the scope of the criminal law system.The pyramid schemes that should be treated as crimes are more stringent in terms of recognition than those stipulated in the Prohibition of Pyramid Regulations.The "fraudulent property" in the expression of crimes of organizing and leading pyramid schemes has aroused extensive discussion in the academic circles,and so on.It has caused many controversies in the academic and practical circles.Everyone has seen and seen each other.However,it is undoubted that it is difficult to punish and deter criminal legislation for organizing and leading pyramid schemes.It is also an urgent need for China to solve today.It is difficult for China's legislative process to keep up with the rapid development of China's economy.There are serious imbalances between the two,which have led legislators,judicial and law enforcement officials not to keep up with the times,and have not realized that it is the crime of organizing and leading pyramid schemes to regulate pyramid schemes.Activities have not been able to achieve effective punishment of pyramid schemes by legal norms.There has been a lot of confusion in the academic circles.In practice,there is a certain degree of confusion about the application and determination of the crime.It is urgent to adjust and improve the existing criminal legislation to effectively combat and prevent pyramid crimes.Throughout the paper,the author firstly expounds the concept of pyramid schemes,the evolution of MLM activities in China and the characteristics and harms of pyramid schemes.Secondly,it briefly introduces the legislative process of China's regulation of pyramid schemes,and then puts forward the current situation of China's legislation and its existing shortcomings.It focuses on the research and research;once again,it introduces the extraterritorial pyramid schemes and puts forward some inspirations.Finally,it proposes suggestions for improving the legislation in China to curb the pyramid schemes.In order to pass the relevant research of the author,it can be beneficial to China's regulation of pyramid scheme crimes,and at the same time,it will lead to more thinking and research.