Research On The Judicial Application Of The New Network Mlm Crime

With the rapid development of the Internet economy,the use of the Internet as a carrier of more and more MLM cases.The exposure of “Benevolent remittance”,“Dark Coin”,“Pacific Direct purchase” and other cases is transmiting the signal that the constant variation of MLM needs to be given attention.These new MLM organizations play the name of e-commerce or capital operation,establish network platforms,under the guise of network marketing.Although it has a strong concealment and confusion,in fact,it is still carrying out the MLM crime.The new network MLM crime not only retains the organizational structure characteristics of some traditional MLM activities,but also absorbs the characteristics of rapid dissemination and strong concealment of Internet platform.Once it is in operation,the speed of accumulation of wealth,the harm caused by it will be astonishing.Based on the controversial focus of the typical case of new network MLM crime,this paper makes an in-depth study of three problems existing in the judicial application of similar cases,in order to provide some ideas for the future processing and cracking of new network MLM cases.This article will be divided into four chapters to carry out the judicial application research of New network MLM crime.In the first chapter,the author introduces the new modes and main characteristics of the new network MLM crime,and put forward some problems existing in the judicial application of the new network MLM case through analyzing the controversial focus of the typical case,the “dark coin”case.This chapter also reflects on the present situation of the judicial application of the MLM crime,and points out the shortcomings of the existing legal norms in regulating the new network MLM cases.The second chapter revolves around the level and number of new MLM organizations.Firstly,the new form of network MLM organization level is compared and analyzed with the traditional“five-level third-order system”.Then the author points out the key points should be grasped in the face of the hierarchical structure of new network MLM organization with different forms.Secondly,the new situation in confirming the number of MLM organizations is analyzed.Whether the act of expanding the downline at its own expense in the name of another person should be recognized as an act of developing offline.The third chapter is the research on the payment mode in the new network MLM crime.After the judicial interpretation of the confirmation of the sale of goods for the purpose of sales performance as the basis for the remuneration of the simple team-paid MLM activities are nottreated as crimes in 2013.It is precisely because of the non-criminal treatment of judicial interpretation,the new network MLM criminals designed in the later model of remuneration to try to pretend to be paid by the team to avoid criminal punishment.The key to the identification of this new type of paid model is to separate it from the team's paid.The fourth chapter analyzes the problems existing in the definition of the criminal subject“organizer and leader”.Because of the increasing complexity of new network MLM activities,there are questions about whether members such as technicians and heads of branch offices belong to the organizer and leader of MLM activities.and the identification standard in practice is too formal,it is difficult to make effective guidance to the new network MLM crime.The author puts forward the standards of identification of organizer and leader in the new network MLM crime.