A Study On The Difficult Problems Of The Crime Of Organizing And Leading Pyramid Selling Activities

In the early 1990 s,as a kind of advanced marketing mode,the pyramid was introduced into our country,and then developed rapidly and changed.For more than two decades,this has come from the United States after the Second World War,and aims to extract some of the profits and give back to the customers,so that the cost of circulation links is reduced by the word of mouth of the customers,and the innovative marketing way of improving the sales volume of the products has been completely dissimilated into a kind of social harmfulness in our country.The crime of crime is diverse,extremely difficult to contain and hit the type of crime.In order to combat the rampant spirit of pyramid selling crimes,the Criminal Law Amendment(VII)of 2009 included the crime of "organizing and leading pyramid selling activities" in the Code,and brought "pyramid selling activities" into the scope of criminal law crackdown.It is clear that the main body of the punishment of this crime is the person who plays the role of organization and leadership in the pyramid marketing activities.Subsequently,the Supreme Court and the Ministry of Public Security of the Supreme Court jointly issued relevant provisions to further clarify the scope of the regulation of this crime,despite this,Pyramid marketing activities are still prohibited repeatedly,and there is a growing trend,continuously challenging the bottom line of China's social and economic order,challenging the property security of the masses.The author notes that in theory,As well as the judicial practice,there are some problems in the interpretation of the law of the crime,the definition of the constituent elements is not comprehensive,the inter-crime boundary is not clear,the main body boundary is blurred,and the like,the material is collected by the case analysis method,the literature research method,the history research method and the like.It is intended to deepen the research on the problem through the exploration and solution of the above problems,and to promote the correct understanding and application of the crime in China's judicial practice.