Understanding And Application On Crime Of Organizing And Leading Pyramid Selling

According to Amendmentâ…¦to the Criminal Law of the People's Republic of China, Article 224(A) is added after Article 224 of the Criminal Law. The Supreme People's Court and the Supreme People's Procuratorate named the article 224(A) as Crime of Organizing and Leading Pyramid Selling, which is the new improvement on criminal legislation. After that, the judicial organs have to handle the problem of judicial application on Crime of Organizing and Leading Pyramid Selling. Therefore, understanding the Crime of Organizing and Leading Pyramid Selling is helpful to its application.This paper adopts research method of the constitution of crime and method of case study. It consists of constitutive elements of crime, crime and non crime, this crime and other crimes and criminal pattern. First of all, the paper analyzes the related concepts of pyramid selling and indicates that it is necessary to establish Crime of Organizing and Leading Pyramid Selling.Second, the paper analyzes the constitutive elements of Crime of Organizing and Leading Pyramid Selling from the Object, Objective Aspect, Subject and Subjective Aspect and explains that unit should not be the subject of this crime. Third, the paper explains the boundary between crime and non crime, this crime and other crimes such as Crime of Illegal Business, Crime of Fraud, Crime of Fraud in Financing and points out that the article 13 is helpful to cognizance of this crime. Last, the paper analyzes the criminal patterns including complete criminal pattern of intentional crime, complicity and quantity of crime.