Judicial Practice And Countermeasures Of Crimes In Cyber MLM

Compared with traditional MLM crimes,cyber-trafficking crimes are characterized by more novel means,more hidden processes,more harmful consequences,and irresolvable crimes.Traditional MLM criminals only need to explore the issue of identifying criminal liability for organizers,leaders,and MLM personnel.Online MLM crimes,organizers,and leaders use online platforms to make inquiry into whether and how Internet service providers should bear criminals.Responsibility also becomes necessary.In other words,in addition to the organizers,leaders,and participants,cyber criminal pyramid crimes also require specific recognition of the criminal responsibility of network service providers.It can be seen that the complexity of cyber pyramid crimes has brought unprecedented challenges and confusion to judicial practice in punishing online pyramid schemes.Judging from the current judicial practice,the current punishment for cyber pyramid crimes has the confusion and insufficiency in judicial determination in the aspects of the nature of the online pyramid selling activities,the jurisdiction,the scope of the crime subject,and the behavior of the network service provider.Therefore,it systematically studies the judicial puzzles of cyber pyramid crimes,grasps the judicial diversion of cyber pyramid crimes,improves the specific identification of cyber pyramid crimes,and enriches the theory of punishing pyramid schemes,maximizing the combination of punishing pyramid schemes and realizing judicial justice.It should be said that it has important theoretical and practical values.Network MLM refers to the use of the Internet to seduce people by using the Internet to seduce people and trick others to pay membership fees,to defraud others,to develop offline sales as rewards,and to form pyramid organization distribution interests in a certain order,which severely disrupts the market economic order.the behavior of.In the current judicial practice,the crime of cyber pyramid selling needs to be further clarified and perfected.It is the characterization of online pyramid selling behavior,the subject of cybercrime,jurisdiction,and the issue of judicial identification of network service providers as intermediaries.Combining with the characteristics,current status,and harms of China’s cyber pyramid schemes,judicial practice should grasp the essence of pyramid schemes and increase the pertinence and effectiveness of the crackdown.Judicial practice should crack down on cyber-trafficking crimes through the substantive understanding of the constitutional elements of the crimes of organizing and leading pyramid selling activities;it must pay attention to the supervision of network platforms,clarify the criminal responsibility of network service providers,and achieve a The punishment and prevention of cyber pyramid crimes.In the aspect of the specific judicial determination of MLM crimes,the first step is to clarify the basis of the MLM crime,pay attention to the boundaries between crime and non-crime,and the crime.The essence of using the network to organize and lead MLM activities lies in the fact that the operation of its organization is not a formal business activity,nor is it a business operation.Product sales and services are not sources of profit.The fees paid by the participants are the main source and income for maintaining the development and operation of the MLM organization.In the final analysis,the essence of MLM is to defraud others of their property.Secondly,the responsible party responsible for cyber pyramid crimes should not be confined to organizers and leaders.Active participants who have played a crucial and important role in the implementation of pyramid marketing activities should be included in the scope of punishment.Again,clarify the criminal liability relationship of network service providers.If the online pyramid scheme has not yet constituted a crime,the network service provider cannot be held accountable for the pattern of accomplices.However,in the case of non-fulfilment of legal obligations,it is not a criminal act to require relevant behaviors to be implemented.For network service providers who help to implement cyber pyramid schemes,it is necessary to analyze the subjective mentality of network service providers to determine whether they are knowing or predicting whether or not there are pyramid schemes.Finally,establish the unified jurisdictional standards for cyber pyramid crimes.When determining the regional jurisdiction of cyber pyramid crimes,the location of the server to which the monitored IP address belongs is used as a connection point.In short,to achieve the good results of punishing cyber pyramid crimes,the current judicial punishment response should be adjusted to clarify the qualitative accountability standards for cyber pyramid crimes,so as to achieve comprehensive punishment and prevention.