Empirical Study On Crime Of Organizing And Leading Pyramid Selling Activities In E-commerce Operation

In the e-commerce business activities in full swing today,hidden in the organization,leadership of pyramid selling activities to the market economy order and management order and citizen property rights brought a huge risk.But blindly advocating strict laws cannot prevent the occurrence of pyramid selling activities,but will make e-commerce operators and platform operators lose confidence in the business environment,will also destroy the consumption experience of e-commerce consumers,thus hindering the development of e-commerce.Only by deeply analyzing the causes of the crime of organizing and leading pyramid selling activities in e-commerce operation and constructing a three-dimensional and diversified prevention and control mechanism,can we not only maintain a fair market competition environment but also prevent and punish the crime.Through the statistical analysis of the cases from 2016 to 2018,it is found that the crime of organizing and leading pyramid selling activities in e-commerce can be divided into three types,and four phenomena can be observed.The three types are traditional commodities and services,financial investment and financing,and borrowing the name of charity.The four phenomena are as follows: 1.The number of cases increases year by year and the geographical distribution is extensive;2.There are many people involved and the amount involved is huge;3.Typecasting of industries and specific products;4.The means of committing the crime are hidden and the forms of stakeholders are diverse.The subjects of their crimes are mostly young adults who have not received higher education and are at the bottom of the society,and the female subjects of their crimes also occupy a higher proportion.Many criminal subjects with criminal convictions also once committed crimes of the same nature as Crime of organizing and leading pyramid selling activities.Therefore,the author analyzes that the causes of Crime of organizing and leading pyramid selling activities in the following aspects: Firstly,it is because the operators and consumers in e-commerce do not put the concepts of money,consumption and business selection right,and the ability to identify weak,strong herd mentality,many e-commerce operators are unable to support their operation in e-commerce,coupled with the low crime cost of pyramid selling and high profit from crime,e-commerce operators are more difficult to resist the temptation of pyramid selling crime;Secondly,exist in the government related department to less than optimal resource integration,establish social credit system is incomplete and imperfect market exit mechanism in e-commerce problems lead to the business environment of electronic commerce is still need to be improved;Thirdly,social factors such as ineffective vocational education,severe employment situation,poor media publicity and strong “theoretical foundation” of pyramid selling activities are also factors that make e-commerce participants move towards pyramid selling.Finally,the laws and regulations in the legal level are not in place,the identification standards are not unified and the severity of sentencing grasp is not accurate,resulting in the e-commerce business organization,leading the crime of pyramid selling special prevention and general prevention effect is not ideal.Considering the types and characteristics of the crime of organizing and leading pyramid selling activities and the common characteristics of the Subject of crime comprehensively,it is necessary to construct the prevention and control mechanism from the perspective of e-commerce participants,government,society and law.E-commerce participants should take the initiative to prevent pyramid selling crimes,straighten out the concept,get rid of greed,from the root to eliminate the desire to participate in pyramid selling crimes.The operators of e-commerce should improve their professional quality,and the operators of e-commerce platforms should play a supervisory role.All e-commerce participants should enhance their ability of identification and overcome the mentality of blindly following the crowd,which is the best way for them to participate in the prevention and control of the crime of organizing and leading pyramid selling activities in the operation of e-commerce.The government should integrate the resources of relevant departments and optimize the allocation,establish and improve the system to promote the development of e-commerce,such as the e-commerce filing system,the business reputation rating mechanism and the market exit mechanism based on this.Promoting vocational education and training e-commerce professionals,vigorously promoting employment and attracting specialized talents to engage in e-commerce,creating the right atmosphere of public opinion for e-commerce operations and using technical means to improve the ability of the e-commerce industry to resist risks can also be regarded as means to strengthen the construction of social environment.While strengthening the legal risk system,we should pay attention to improving laws and regulations on pyramid selling,ensure that the sentencing scientific and reasonable and the enforcement in place.In cases where the circumstances are minor and the victims' understanding has been achieved,restorative justice can also be tried.