Study On The Application Of Criminal Law To The Network Pyramid Selling Activity Of Full Rebate

With the Guangzhou police announcing that the "Yunlianhui" super large online pyramid selling criminal gang was destroyed by the police on May 8,2018,the super large pyramid selling organization that has been operating for four years has finally come to an end.With the development of online e-commerce platforms and the continuous innovation of rebate model,pyramid selling cases using the Internet as the carrier are increasingly emerging,such as "Pacific direct purchase network","ten thousand shopping case" and other cases have appeared."Yunlianhui" case as a variant of the latest Internet pyramid selling activities,compared with the early Internet pyramid selling case,a new feature: don’t sell goods,provide only platform services;Membership level has the surface of the single and does not directly charge membership fees;Form capital pool precipitation.Because at the same time have the characteristics of illegal pyramid selling activities and financing activities,and clothed in the e-commerce,and has more secretive,deceptive and complexity,how to correctly identified type full rebate Internet pyramid selling activities under the network environment crime there are many problems and confusion.First of all,the "full rebate" rule and the member incentive system in the model of“Yunlianhui” shall be correctly characterized,and it shall be deemed that the promise of full rebate is a promise of capital preservation and interest payment and is deceptive.“Yunlianhui” has formed a capital pool by drawing a certain proportion of "entrepreneurship sharing fund" from the consumption amount of members;the incentive system for its members is not simply team payment and has formed a multi-level membership system.The nature of “Yunlianhui” organization is a pyramid selling organization under the guise of consumption platform,and its behavior has constituted a crime.Secondly,to its organizers and the leaders of the correct application of charges,"Yunlianhui" is at the same time constitute the crime of organizing,leading pyramid selling activities and illegal collection of public deposits crime or fund-raising fraud crime,the two charges are implicated between,choose a felony punishment.Finally,through a comprehensive analysis of the case of “Yunlianhui”,summed up how to correctly identify the full rebate type of network pyramid selling crime.