Research On Crime Of Organizing And Leading Pyramid Selling Activities

The nature of pyramid selling is essentially a business model when it first entered our country.Considering the initial sentence of pyramid selling,it is also regarded as an illegal business behavior to convict and regulate by the crime of illegal business operation.However,pyramid selling crimes quickly evolved from pure illegal business activities into fraudulent crimes with serious social harmfulness.Especially with the progress of material conditions such as network,science and technology,pyramid selling crimes also show many characteristics,such as "network,stakeholders and capitalization",although the rules and regulations on pyramid selling crimes.However,the update and adjustment of laws and regulations are always slower than the development of pyramid selling crime.It is necessary to clear up the relevant concepts of this crime,analyze the relevant elements of this crime,and give the relevant determination methods.The concept of pyramid selling itself is undergoing tremendous changes due to the change of context and development process.The legal regulation of pyramid selling in China is also divided into administrative regulations and criminal law.The concept of pyramid selling in the above two levels is different.Therefore,clarifying the concepts of pyramid selling,pyramid selling and direct selling which are closely related to it is the premise and basis for better application of this crime.In addition,through the analysis of actual cases,it is found that there are certain disputes and problems in grasping the boundary of the subject of the crime.Even from the charges and charges of this crime,it is not difficult to see that the subject of this crime is the personnel who organize and lead pyramid selling activities.However,in the reality of judicial practice,under the influence of the criminal policy of severely cracking down on pyramid selling crimes and from the perspective of regional social stability,some places have expanded the interpretation of the main crime of this crime.And the applicable situation also exists more.At the same time,there are some disputes on the subjective aspect of the crime,especially on the determination of the intent of defrauding property,on the objective aspect of organization,leadership behavior and the determination of the number and level of MLM organizations.Therefore,this article is divided into four chapters,respectively,the pyramid selling,pyramid selling crime and related concepts to clean up,and then to the specific application of the crime,one by one analysis of the subject of the crime,the subjective aspects of the crime,the objective aspects of the crime and various aspects of the specific identification methods.In order to provide some ideas and methods for the practice of this crime.This article has a total of 32000 words and is divided into four chapters.The first chapter is to sort out,define and understand the related concepts of pyramid selling and pyramid selling crime.On the one hand,it traces back the development and changes of pyramid selling behavior after it was introduced into China,and the legislative background of the separate establishment of pyramid selling charges.At the same time,it fully draws lessons from the United States where the pyramid selling model originated,and from the regulation experience of Japan and other foreign countries about pyramid selling,and objectively and comprehensively understands me through the above-mentioned channels.The change of the concept and connotation of pyramid selling and pyramid selling crime.The second chapter is to explore the scope and identification method of the subject of this crime.To discuss the scope of the subject of this crime,we should not only solve the problem of rationality and legality of sentencing some activeparticipants in pyramid selling activities,but also emphasize that the subject of this crime is limited.The author finds that some judicial practices criminalize some of the lower-level pyramid sales participants on the grounds of "maintaining social stability" [For example,Jin Yuqin,a participant in pyramid sales in Tongling,Anhui Province,with a total of 30 offline workers and an illegal profit of 10,000 yuan,but for many times after transmitting and spreading false information and rumors on We-chat,inciting and convening some members of "Benevolent Remittance" to attend illegal assemblies in Beijing as well as other acts,they were found to be socially harmful,and were eventually sentenced to one year and six months' imprisonment and a fine of RMB 20,000 Yuan.The author thinks that this case is over-punished,although it has incited trouble,but this can not become a pyramid marketing activities as the "organization,leader",that is,constitute a crime to deal with.Please refer to Jin Yuqin's Criminal Judgment on the Second Instance of Organizing and Leading Pyramid Selling Activities(2018)Anhui No.07,Punishment No.47.],this is not only a bad demonstration of the application of this crime,but also a superficial infringement of the legitimate rights and interests of bottom-level pyramid sales participants by "abiding by the rules according to law",suspicious of excessive use of penalties.Through detailed discussion,the scope of the subject of the crime is limited to a certain extent,and the scope of the crime is reduced as far as possible.The third chapter is about the subjective aspects of this crime and the way to identify it.The subjective aspect of this crime is only direct intent,and at the same time,we should have a clear understanding of "defrauding property",focus on the core of "defrauding property",analyze the manifestations of the externalization of the subjective purpose of defrauding property in this crime,and determine the specific methods of defrauding property.The fourth chapter is to select the crime in judicial practice more concentrated issues,one is to discuss the crime of pyramid selling activities,the definition of the crime of fraudulent pyramid selling activities,the second is to identify the "organization,leadership" behavior,respectively summarize and analyze the specific manifestations of organizational and leadership behavior,the author concludesAccording to my own experience in handling the case,I think we should construct a method of proof based on the amount of money involved and illegal profits,taking into account other evidences to verify it.Thirdly,we should discuss the situation of "empty point" which exists universally in the network pyramid selling organizations,and then give the concrete methods to determine the number of people in the network pyramid selling.