Research On Fund-raising Fraud,Oganization And Leadership Of Pyramid Schemes

The crime of organizing and leading pyramid schemes and the crime of fund-raising fraud are two very common crimes in criminal law,and they are two kinds of crimes that are often encountered in real life.Under the background of the hot investment in private capital,MLM activities continue to develop in the direction of virtualization and financing,which makes the two crimes easy to compete in the financing field.When the two crimes appear to be competing,what should be done,there are differences in judicial practice.Although according to the relevant judicial interpretation provisions of China,for the purpose of illegal possession,organizing and leading MLM activities,and at the same time constituting the crime of organizing and leading pyramid schemes and fund-raising fraud,it shall be convicted and punished according to the provisions of heavier punishment.However,a considerable number of criminal judgments in such cases in judicial practice have not been dealt with in accordance with the judicial interpretation,resulting in the interpretation not playing its due role.This paper analyzes the crime of fund-raising fraud and the crime of organizing and leading MLM activities,and analyzes the case of Song Li Na et al.to raise funds,organize,and lead MLM activities to study the treatment methods for the two crimes.The controversy involved in this case has three focuses: First,whether Song Lina constitutes the crime of organizing and leading pyramid schemes;Second,whether Song Lina constitutes a crime of fund-raising fraud;Third,whether there is any crime of fund-raising fraud in this case,the organization and leadership of pyramid schemes.This paper conducts an analogy analysis by empirical analysis and insertion of three similar cases,such as Huang Rundong,Lei Fang fund-raising fraud case,Huang Qingfei,Li Guandan,etc.,and the similar cases of Du Ling and other organizations leading the pyramid scheme.A comprehensive analysis leads to the following conclusions: 1.By analyzing the criminal composition and characteristics of the crime of organizing pyramid schemes,and demonstrating whether the criminal group led by Song Lina belongs to the pyramid scheme and the role of Song Linna in the pyramid scheme to demonstrate that Song Lina constitutes the organization and leads the pyramid scheme.Sin;2.By analyzing the composition and characteristics of the crime of fund-raising fraud,the argument analyzes the three aspects of SongLina’s illegal possession of other people’s property,the criminal method of fraud and the huge amount of fraud,and concludes that it constitutes the organization’s leadership of pyramid schemes.By analyzing the similarities and differences between the law and the imaginary competing criminals,combined with the actual situation of the case,it is concluded that Song Lina constitutes a syndicate for the crime of organizing,leading the pyramid scheme and the crime of fund-raising fraud.Through the above analysis,we summarize the characteristics of the crime of fund-raising fraud and organization-led pyramid schemes under the new situation,especially in the Internet economy environment,and find out the connection between the two,that is,both are type-related crimes,and they are deceptive.For the purpose of illegal possession of other people’s property;and analyze the differences between the two: 1.subjective differences;2.violation of object differences;3.differences in criminal means;4 organizational differences;Differences in the basis of compensation;6.Differences in the degree of subjective knowledge;7.Differences in the power of funds.Summarize how to deal with the crime of organizing and leading pyramid schemes and the crime of fund-raising fraud,and how to deal with the two crimes,that is,comprehensively consider the harm degree of crimes,review subjective perception,and consider the degree of control over funds.