Study On The Crime Of Leading And Organizing The Pyramid Selling

By building extensive network, pyramid selling can spread quickly and gain great influence, which is inestimable. As pyramid selling can bring huge profits in a short time, it becomes instrument of criminals. Generally, Europe calls it"snowball sales"; Japan calls it"infinite chain". In addition, it has many other titles, such as,"the mouse will"and"head hunters". Although it has different names, the essence is the same, what our Criminal Law cracks down is pyramid selling.Because of the huge profits, pyramid selling in China develops rapidly. and criminals take advantage of it to amasses money wantonly. A number of drawbacks inherent make it a huge social harm. Firstly, do great harm to the socialist market economy. The multi-level marketing organization in the name of sale makes a profit by collecting "entry fee", which is not the same as the way normal business operations generate profits. This way of making money through developing subordinates at the price of sacrificing most people's benefit, who will be unprofitable eventually at all finally. What is worse , along with these illegal activities is Financial fraud,tax evasion,smuggling,false propaganda and other criminal acts, which disrupt the order of market economy seriously. Secondly, pyramid selling damages the social order seriously. As we know, the laid-off workers and university students want to become rich so thirsty that they are lured to join in network by the criminals easily, As a result, so many people walk to the road of crime ,threatening the social stability. There are so many pyramid selling organizations and they have a great influence, but many eventually become"economic cult", damaging the construction of harmonious society seriously. Thirdly, trespass the people's property rights. In recent years, pyramid selling cases almost occurred in every province. Tens of thousands of people have been deceived by criminals, many people even go bankrupt. In order to develop network, criminals often use many means to make money, such as deception, force. These acts seriously infringe the people's personal rights and property rights.In order to regulate the illegal pyramid selling effectively, Our country has developed several laws, February 28, 2009 Eleventh National People's Congress Standing Committee of the seventh meeting adopted the"The People's Republic of China the Criminal Law Amendment (7)". A new crime is added after the section 224: the crime of leading and organizing the pyramid selling. It is the first time that we establish a crime to crash down pyramid selling, it is separate from the crime of illegal business operations. it is benefit to understand the essence of the crime ; it is benefit to resolve the questions of trial practice, and it provides legal basis to crash down pyramid selling, it is a mark of entering new phase. Thus, the crime of leading and organizing the pyramid selling joins in Criminal law.This article studies the crime of leading and organizing the pyramid selling, analyse its crime constitution and further discuss the similar crimes. In addition, author presents some personal viewpoints about some problems and inadequacies of the crime. This article is divided into four chapters; the first chapter introduces the china's egislative process about direct sales from 90's in the last century until now, and introduces legislation on pyramid selling case in some Asian countries and German. The second chapter describes the concept of this new charge; illustrasts the harmfulness to our market economic order, social order and public and private property. By analysing the objective aspects of the crime, it reveals behavioral characteristics of the crime. Which helps us to know in judicial practice what constitutes the crime. By analysising the crime subject of the crime, we know that only individuals can become crime subject and this direct crime has profit-making purpose. In addition, by studying joint offence and crime stop modality, we can have a further understanding of the crime, which helps us sentence properly. The third chapter analyzes the crime and other similar charges in the objective aspect of crime and the aspects of the subject. By searching more differences between the similar charges, we can accurately distinguish these similar charges. The fourth chapter gives some suggestions on completion of the law on pyramid selling. Firstly, in order to be more effective, comprehensive in cracking down the illegal activities, the author suggests that the active participant should be included in the scope. Secondly, the author also suggests that on the basis of the comparision of similar crimes, the period of the fixed-term imprisonment should be expanded and the punishment against property should be also adopted. Only in this way can the criminal of illegal pyramid selling be effectively cracked down.