Study On The Judicial Determination Of The Crime Of Organizing And Leading Pyramid Selling Activities

The study on the judicial determination of the crime of organising and leading pyramid selling activities will help to solve the controversial problems in judicial practice in terms of the determination of the constitutive elements and special forms.After argumentative research,in terms of the constitutive elements,it is believed that: the object of this crime should be the market order,citizens’ property rights,social management order,the state financial management order;the objective aspect of this crime should be evaluated as a whole for the organization and leadership,the hierarchy should be the level of relationship between the upper and lower line,and the number of people should reach the standard,the fraudulent acquisition of property should be the objective constitutive element of this crime,the simple team payroll pyramid scheme is not treated as a crime The main subject of this crime is the organizer and leader,and the unit can also be the main subject of this crime,while the general participants do not constitute this crime;the subjective aspect of this crime should include indirect intention,and this crime is the purpose of the crime,and should have the purpose of obtaining property by deception.On the issue of special forms,there are suspensions and attempts of this crime,and by analysing the circumstances constituting a crime,it is found that this crime is in a competing relationship with the crime of fraud,and in an imaginary competing relationship with the crime of selling counterfeit and substandard products;when the perpetrator commits several independent acts in the marketing activities and infringes on several legal interests,it should constitute more than one crime and be punished by several crimes.On the issue of crime and non-crime,"headhunting" and "charging entry fees" constitute criminal offences under the criminal law,while simple team-based pyramid selling is only a general offence.On the issue of this crime and the other crime,the object and objective aspects of this crime are different from the boundaries of the crime of illegal business operation,fraud and fund-raising fraud,and this crime and the crime of fund-raising fraud are in a cross-competitive relationship.