Research On Cases Of The New Network Pyramid Schemes Crime

In February 2009,the Criminal Law Amendment(VII),which was implemented in China,newly established the crime of organizing and leading MLM activities.This was the first time in the history of criminal law to legislate on MLM crimes,and the legal regulation for MLM behaviors has risen from administrative law to criminal law.The field has a theoretical and practical regulatory effect on the rapid development of MLM crimes,and has a stronger deterrent effect.However,in practice,there are still many controversial issues concerning the determination of this crime,such as the determination of MLM behavior,the crime and non-crime,and the problem of this crime and other crimes.From the typical cases such as the organization of Liu,the organization of Ye,and the organization of Chung,the new network MLM presents four different from traditional MLM The main characteristics and the five models,as well as the common disputes in judicial determination,are mainly manifested in the identification of "management guise","entry fee","level compensation","defraud of property","organizer,leader" and the crime Qualitative.The first is the definition of MLM behavior.The target of this crime is MLM behavior,which is different from direct sales or legal marketing in terms of business model and fraudulent property.MLM activities not only require the payment of entry fees in the name of operating goods or providing services,but also must be based on the number of development offlines as a basis for remuneration,and form a certain level,implement fraudulent means to deceive others to join and develop offline.The hierarchy is not limited to natural persons and natural persons.The hierarchical relationship can be formed between institutions formed by natural persons and natural persons or between institutions.The second is that the punishment targets of the crime are organizers and leaders,rather than ordinary participants.The perpetrator’s excuses fall into misunderstanding and cannot be used as a basis for the criminal suspect to judge the legality of his own behavior and to exclude subjective intentions.Finally,regarding the determination of the crime,we must proceed from the elements of the crime to clarify the difference between the crime of organization and leadership of MLM activities and the crime of fund-raising fraud,fraud,illegal business,and the crime of illegally absorbing public deposits.