Study On The Problem Of Collusive Co-principals In Organizational Leadership Pyramid Selling Crime

The organization leadership pyramid selling crime has great influence,strong concealment,complex organizational structure,pyramid selling assault market economic order a lot,the criminal law to combat such crimes,passed the "criminal law amendment(seven)" in 2009,in 224 th after the addition of the organization,leading the crime pyramid selling,the system of pyramid selling crime in China has been improved.2013 "on the handling of the law applicable to a number of organizational leadership pyramid selling opinions in criminal cases"(hereinafter referred to as the "pyramid opinions")further to compensate for the lack of additional provisions The development of the theory of collusive co-principals in our country is becoming more and more mature,and the research on this theory has changed from the perspective of criminal theory to the practical guidance of the criminal law.The organization leadership pyramid selling crime as a typical common type of crime,the conditions in which the establishment of collusive co-principals,collusive co-principals and legal basis,the crime of conspiracy after detachment,are still in the "un-development" of the state.This paper is divided into five parts to analyze the problem of collusive co-principals in the crime of organizing and leading pyramid selling activities.The first part introduces the collusive co-principals theory and theory of disputes,The paper take the theory of important role in issues of collusive co-principals,in real accomplice theory as the basis for discussion of the complicity problem.The second part focuses on the elements of the establishment of organizational leadership pyramid selling crime of collusive co-principals,to set up the crime of conspiracy,conspiracy did not implement the collusion of people,must realize the play an important role which can not be separated,continued,and lists the types of organizational leadership pyramid selling crime possible collusive co-principals,discusses the determination method and sponsors of this crime in management and control line dominated by the person in charge of the conspiracy.The third part mainly describes the implementation of marketing activities of the personnel,in what circumstances can be identified as the main body of the behavior of the crime,can be identified as crime,the case as the basis,through the common crime and common behavior that identification of circumstances.This crime of collusive co-principals common perpetrator,common behavior that the conclusion accords with the principle of suiting punishment.The principle of punishment is more consistent with the principle of personal responsibility.The fourth part,based on the theory of the important role,explains in detail the essence of collusion and the content of the key role of pyramid selling,in order to ensure that there is a substantial basis for the organization and leadership of pyramid selling activities.The fifth part is the discussion,conspiracy case,the crime method of marketing personnel,namely the relationship between the accomplices from,by cutting the causal relationship(interrupting causal relationship cut off)standard(trip collusion theory)and the range of application and comparison,the range of conspiracy theory can be obtained can not provide help the organization from the people to provide a reasonable reason to let off,seemingly connected,indivisible,it is difficult to get rid of accountability from the accomplice people have a chance.