Since pyramid sale was introduced to china, accompany with quick development in market economy, pyramid sale is becoming increasingly intense. It has become a cancer of our Harmonious Society. The attitude of our country toward pyramid sale has also experienced several stages:indulgence, strictly regulated, the principle of taking different and so on. We can see from a large number of pyramid sale legislation that our pyramid sale legal system is gradually setting up and become mature. This essay chooses organization, leadership pyramid selling in Criminal Law Amendmentâ…¦as the core, briefly discusses a series of legal issues of attacking pyramid schemes.The first part of this essay is start with the social harm caused by pyramid sale. It interprets a serious of laws and rules which aim at pyramid sale that our country makes, and briefly comments the advantages and disadvantages. The organization, leadership pyramid selling in Criminal Law Amendmentâ…¦marks a separate crime conviction pyramid schemes. The writer gives a definition for pyramid sale in the above-mentioned legalization. To analyze the meaning,characteristics of "pyramid schemes and fundamental differences with the direct sales correctly.The second part mainly elaborates the relevant regulations of foreign country for pyramid sale (or direct), includes Europe, the United States and Asian countries'direct legislation. By elaborates these countries'direct legislation we can sum up some aspects that our country needs to learn lessons from them.The third part, the writer considers it necessary to take the organization, leadership pyramid selling as the core and use basic theory of criminal law to analyze pyramid selling more detailed. Mainly from the following aspects:first the components of organization, leadership pyramid selling. Includes the main elements,the subjective element,object elements,the objective aspect. Second, the differences between organization, leadership pyramid selling and other crimes, mainly with fund-raising fraud and illegal business. Third, the stop forms of organization, leadership pyramid selling, namely preparation form termination form, accomplished form and attempted. Forth, the common forms of organization, leadership pyramid schemes. Defining it as arbitrary joint crime and analyze the legal form of common crime.The forth part, writer analyzes the deficiency of MLM Legislation. This mainly includes the Regulation range of main body of pyramid selling,lacking of specific Sentencing Standards, and proposes several aspects of Legislation. We should timely introduces relevant legal interpretation of pyramid Selling, attack pyramid selling to firm the legal status of direct selling and improve the legal regulation of pyramid selling of network. |