Comparative Study On The Multi-Level Marketing Crime Between Mainland And Taiwan

Multi-level marketing crime is a form of economic crime with wide social influence,rapid spread and strong spread.China's long-term development of the crime of pyramid selling crime has made great progress,written in the criminal law,but there can be further improved place,at this stage of the "pyramid selling" the characteristics of the characteristics and characteristics of its legal set also There are some deviations.Cross-strait on the "pyramid selling crime" understanding of different elements of the set is also different,with their own advantages and disadvantages.Taiwan believes that pyramid schemes mainly have a feature that "the introduction of others to join is the main source of income",while the mainland to understand the eligibility to join,the composition level,to join the staff as the standard of compensation,means four elements.Cross-strait pyramid schemes crime and the composition of the difference between the elements is based on the "MLM crime" understanding of the deviation.Taiwan will be "pyramid selling crime" as "illegal multi-level pyramid selling crime",the main constituent elements as the main source,a reasonable market price,commodity dull,the mainland will be guilty of "organization,leading pyramid selling crime",the criminal subject As the "organization,leadership" personnel,constitute the elements to meet the eligibility,in order to form a hierarchical organization,to develop the number of personnel as a rebate or pay the basis for lure,coercion participants continue to develop others to join four.This paper analyzes the advantages and disadvantages of cross-strait understanding and stipulation,and explores the history of the Taiwan region in the past two decades,which has undergone two decades of regulation and pyramid selling crime.Through the analysis of the law,the definition of "pyramid selling crime",the constituent elements of the crime,The experience and can learn from,a reasonable understanding of the essential characteristics of pyramid schemes and the identification of standards,expectations of MLM crime awareness,legal provisions to make some improvements.In the case of practical application of law and judgment,in view of the fact that the perpetrators of "pure capital operation" come from both sides and the judgments are made by the courts on both sides of the strait.This article uses the pure capital operation as acomparative study of cross-The scope of the sentencing rate of the material model,the Taiwan region to "illegal business banking crime" as the sentence of the separation criteria,and the mainland to "serious" specific to the amount of the provisions of the provisions of the two sentences as the separation criteria,the two sides in the sentencing severity Level,the mainland sentencing should be significantly higher than the Taiwan region.This chapter is divided into four parts,the first chapter compares the cross-strait legal establishment profile;the second chapter compares the cross-strait understanding and the constituent elements of the pyramid selling crime;the third chapter compares the cross-strait "pure capital operation";The fourth chapter,in the first three chapters,put forward some suggestions.