Studies On Pyramid Sales Crime

With the development of economic globalization, the gradual establishment of the market economy system,the direct selling which have the new sales and service is also rapidly into china.Due to the direct sales system itself is not perfect, and the factors such as economic environment, the development of direct selling have been hampered, even some people use direct marketing to engage in criminal activities. Pyramid sales crime in the domestic large outbreak, the serious influence people’s life and harm the development of economy, market and social order.Pyramid selling has a large number, wide regional, liquidity characteristics, easily evolved into organized crime and other vicious criminal cases. In the economic sphere, pyramid selling is a deceptive economic illegal behavior, serious infringement of the property rights of citizens. Before the implementation of "criminal law amendment seven", there is no special legislation,the majority of pyramid selling most identified as the crime of illegal business and other charges. pyramid sales crime in crimial law play a positive role to crack down Pyramid selling,but the language is not perfect and the lag of law itself requires that we must not stop the study of crime.Direct selling, direct selling companies recruit salespeople, salespeople outside the fixed place of business to sell products directly to the final consumer distribution methods.Different countries and regions have different definitions on direct selling. Direct selling in general can be divided into singel-level direct selling and multilevel direct selling. The law explicitly provides three pyramid selling behavior.There are a lot of similarities and differences between pyramid selling and multi-level direct selling. Pyramid selling illegal inevitably leads to pyramid selling law regulation of the occurrence and development.Beginning is no law regulating stage, then the general stage of legal regulation, the last stage is criminal law, and gradually to regulate the behave.Pyramid selling has its special behavior characteristics, such as interest and deceptive, grade, special payment rebate, mandatory. In this paper, on the basis of the Organization, leadership pyramid schemes sin to analyzes the constitutive requirements of pyramid selling. Pyramid selling criminal main body as the general subject, subjective aspect is intentionally, crime object to the market economic order, property rights and personal freedom, objective aspect of crime is in violation of state regulations, organizing, leading pyramid selling activities, and disturbing the order of market behavior. Decided pyramid selling criminal includes two aspects, namely crime and not crime, this crime and those crimes. Conforms to the behavior of the pyramid selling crime constitution, can be identified as pyramid selling criminal.In the pocess of judicial cognizance,four aspects of the crime constitution must be the baise to distinguish pyramid selling criminal and confusing crime. In this paper, from the aspects of subject, objective aspect, the three aspects of pyramid selling criminal prosecution standards legislation defects. So for pyramid selling criminal legislation perfect, also from these aspects to narrative. Pyramid selling criminal subject should include active participant, objective aspect should include "team paid", proceeding of standards should be selective, and money amount of crime as a standard for prosecution.In conclusion, the pyramid selling criminal legislation, the author thinks that the crime of pyramid selling criminal should be renamed as pyramid selling fraud. In order to comply with the principles of criminal culpability adaptation,the magnitude of the penalty should be appropriate to improve for the circumstances are serious and especially serious acts.