| Throughout the growth course of illegal pyramid selling,this is a very slow and always difficult history for people to shake.Through the study of the case of the Pacific online shopping MLM,the following disputes are analyzed: first,BMC is the new EC(e-commerce),is the contract in accordance with the law,or the existence of a MLM? Second,under the BMC model,is this offline promotion(Conference promotion)and channel merchants win-win means to use the legal means of "electronic commerce" to carry out illegal operations online,such as the means of illegal pyramid marketing "pull the head" or develop the downline? Third,is the margin which is submitted before the meeting in the BMC mode is the margin in the scope of the law or the "admission fee" as an illegal pyramid selling? Fourth,illegal pyramid selling is a way to give money to the mode of integral rebate.Does this mode constitute illegal pyramid selling? Are there any grades? Fifth,is the BMC model real? Is it possible to make a real sale? Sixth,is there any victim in the case that causes property damage? Through the proposal of the dispute point,the main problems that need to be discussed,that is,in the case,Tang Qingnan,Tang Qingnan,childhood,Liu Baohua,Cheng Fangying,Xu Xingchun,Dong Si and others,can determine the crime of organizing and leading the activities of pyramid marketing.By discussing the constitutive requirements of the crime of organizing and leading the pyramid selling activities and the standard of judicial identification,and the specific identification of the case analysis organization and the crime of leading the pyramid selling activities,the reasons for the court’s judgment are reviewed and the crime and non crime of Tang Qingnan and others in this case are solved.Therefore,we should take the following measures: first,BMC is the new EC(Electronic Commerce),which is the existence of a MLM.Second,under the BMC model,the promotion of this line(Conference promotion)and the win-win means of channel merchants are to use the legal means of "electronic commerce" to carry out illegal operations online,such as illegal transmission.The means of selling "pull the head" or develop the downline;third,the BMC mode is the "admission fee" of illegal pyramid marketing;fourth,the illegal pyramid selling mode uses integral return mode to give money,this pattern constitutes illegal pyramid sales level.Fifth,BMC model goods are false model,and it is impossible to reach the real price of goods.Real buying and selling.Sixth,MLM organizations have a set of their own management routines,from their own system,they are centralized management of MLM personnel,divided into groups,each group has a special management,MLM personnel in charge of the level,organization flexible to avoid investigation. |
