Research On Criminal Regulations Of MLM Crimes On The Internet

With the rapid development of society and the innovation of Internet technology,traditional pyramid selling crime has developed into a new trend of pyramid selling crime by means of the technical support of the Internet.Internet marketing has its own characteristics such as virtual and cross regional rapid communication,which makes internet pyramid selling a stakeholder type economic crime which seriously disrupts social economic order and destroys social stability.The current criminal law of our country does not set up special charges for internet pyramid selling crime.The judicial practice still applies the crime of organizing and leading pyramid selling activities in article 224 of the criminal law.However,due to the serious social harm,it is difficult to effectively regulate such illegal acts in organizing and leading the crime of pyramid selling.Therefore,if the internet pyramid selling crime is only convicted and sentencing by the current organization and leadership of pyramid selling activities,it can not guarantee the balance of the criminal responsibility and punishment,but also cause other joint and several social problems.Therefore,in order to effectively regulate Internet pyramid selling crime,we must analyze the problems existing in the regulation of internet pyramid selling crime,and put forward reasonable suggestions for the deficiencies of the current laws in China,in order to help to prevent and crack down on the high incidence of Internet marketing crime in China.This paper is divided into four parts.The first part expounds the origin of pyramid selling,defines pyramid selling and internet pyramid selling,and clarifies the nature of pyramid selling and direct selling.This paper summarizes the characteristics of internet pyramid selling which is different from traditional pyramid selling,that is,virtuality,concealment,low cost and cross regional rapid communication,and reveals the harmful consequences of internet pyramid selling.The second part takes the internet pyramid selling crime in openlaw network from 2015 to 2019 as the research object,summarizes the development status of internet pyramid selling crime in China,including the crime distribution,quantity scale,regional distribution of cases and several common operation modes of Internet crime.The third part,first of all,describes the criminal law of the internet pyramid selling behavior charges and internet pyramid selling crime constitute.Secondly,it explores the related problems in the judicial determination of internet pyramid selling crime,involving the determination of the responsibility of pyramid selling participants,the determination of the responsibility of Internet platform and the determination of the nature of team pay.Finally,it analyzes the deficiencies of the current criminal law on internet pyramid selling,and holds that the current legal provisions can not effectively combat and prevent internet pyramid selling crimes.The fourth part puts forward the specific path to improve the criminal law regulation of internet pyramid selling crime:expanding the subject of the crime of organizing and leading pyramid selling activities;Clarify the criminal responsibility of Internet platform and Internet service provider;We will increase punishment for internet pyramid selling crimes.