| In the age of Internet,the crime of MLM has the characteristics of network crime scene,concealment of crime means,combination of online and offline,flattening of hierarchical structure and confusing of income mode,which leads to many difficult problems in judicial identification.In terms of the constitution of crime,we should identify the organizer,leader and the subjective elements of intentional crime through the implementation of behavior,grasp the nature of "cheating property" in the "pyramid selling activity",and identify the subject of unit crime according to the characteristics of network pyramid selling;in terms of the identification of accomplice,we should grasp the "domination" of the "organizer,manager dominated" joint crime,and pay attention to the "offline leader" According to the "hierarchy" requirement of the identification of the "dominator dominated" joint crime,the omission of the network service provider has no dominating function on the occurrence of the network pyramid selling,which should be identified as the aiding crime of the organization and the leadership pyramid selling.The network technology supporter can be regarded as the aiding crime of the organization and the leadership pyramid selling as well as the co principal crime of the crime.In the determination of the number of crimes,it should be prohibited The specific application requirements of the principle of repeated evaluation in the network MLM activities,correctly define the relationship between the crime of network MLM and the crime of fund-raising fraud,illegal business operation,violence and threat. |
