On The Judicial Determination Of The Crime Of Leading Pyramid Selling Activities

In the early 1990 s,pyramid selling began to spread to our country,and it has been a constant disturbance.Our country is in The law amendment(vii)increases the crime of organizing and leading pyramid selling activities.The establishment of this crime has served as a deterrent and deterrent to the rapid development of pyramid selling crime.However,in judicial practice,there are still many problems to be discussed,such as the conviction of the crime,the crime and the crime,the weight of the crime and the punishment of punishment.This paper,from the perspective of case analysis,expounds the application of organizing and leading pyramid selling activities in judicial practice.One is that the punishment target of the crime of organizing and leading pyramid selling activities is the organization and the leader.The active participant and the general participant are not punished.Second,the pyramid selling activity requires the payment of certain entrance fee or the development of a certain lower line as the basis of remuneration,and the composition of a certain level.The ultimate purpose of pyramid selling is to defraud property.Three is the actor in the process of implementation of pyramid sales also tend to offend other charges,such as illegal detention,robbery,kidnapping,this case will need to determine is a conviction or a combined punishment for several crimes according to the absorption.This paper is a case analysis master’s thesis.This paper discusses the judicial determination of organizing and leading pyramid selling activities according to specific organizations and leading pyramid selling activities.Therefore,the author will discuss from the following three aspects.The first part: brief introduction,controversial focus.The second part: the comprehensive analysis of this case.In this part,according to the specific case analysis,the criminal constitution of the crime of organizing and leading pyramid selling activities is firstly expounded,and then it analyzes whether the defendant in this case constitutes the crime.The third part: thinking and suggestion.First,the conclusion of the case is summarized.Secondly,in view of the theoretical circle and judicial practice in the cognizance of the crime of organizing,leading pyramid selling activities,and introducing the crime of organizing,leading MLM activities referral number of judicial cognizance of the thinking and suggestion.