Study On The Criminal Responsibility Of The Participant In The Network Pyramid Selling Crime

As one of the stakeholder economic crimes,network pyramid selling crime have become a major hidden danger that affects market order and social stability by virtue of the rapid development and high popularity of the Internet.The business model of pyramid selling crime was introduced to China as an imported product and it was gradually regulated due to its inconsistency with China’s development status.In recent years,the rise of online pyramid scheme has also received widespread attention.For example,the huge online pyramid selling case of "Yunjipin" involved a huge amount of money.However,online pyramid schemes have been repeatedly banned.In addition to the confusing nature of online pyramid schemes,relevant departments also have certain omissions in the regulation of online pyramid schemes.Pyramid selling crimes occur frequently.This is largely due to the mismatch between relevant laws and regulations and the actual situation of pyramid selling crimes.At this time,it is particularly important to accurately define the participants of the network pyramid marketing crime and to study the responsibility for the fight against the network pyramid marketing crime.The paper includes three parts:the concept and characteristics of pyramid selling crimes and the basic content of the legal evolution and regulatory status of pyramid selling crimes;Study on the definition and criminal responsibility of different participants in network pyramid selling crime;Based on the current regulation status of pyramid selling,the responsibility identification of online pyramid selling participants should be improved in both legislative and judicial aspects.This paper aims to provide reference for effectively cracking down on the crime of pyramid selling.Network pyramid selling crime evolved from the traditional pyramid selling crime,its essence is no different from the traditional pyramid selling,using pyramid selling methods to obtain illegal benefits.As the variation of traditional pyramid selling.However,as pyramid selling relies on the Internet to carry out illegal and criminal activities,it naturally has the characteristics of fast transmission,strong concealment and wide scope of involvement,which are different from traditional pyramid selling in form and structure.Through a study of existing laws and judicial case,we can find that before establishing the Crime of Organizing and Leading Pyramid Sales Activities,other existing crimes were used for conviction and punishment for pyramid selling activities,but after the establishment of the new crime,different crimes were triggered.The division of the scope of the organizers and leaders has also become a key element of the correct application of the Criminal Law of the People’s Republic of China.A series of controversial content brings difficulties to judicial work.Therefore,in order to correctly regulate network pyramid schemes crimes,clear standards for the classification of different participants are required and the content of responsibilities of different participants should also be focused on.Participants in network pyramid schemes crime can be divided into four categories,organizations,leaders,active participants,general participants and network service providers.The article explains the classification standards and criminal responsibilities of these four types of participants.Organizers and leaders,as the key targets of online pyramid marketing crimes,should be carefully divided into categories.They should include primitive organizers and leaders and they should also pay attention to the secondary development type that has risen to a considerable level after active development and offline.They can be convicted and punished for the Crime of Organizing Pyramid Selling Activities,but if the behavior of the organizers or leaders show the characteristics of more serious crimes such as fund-raising fraud,they need to be punished in accordance with the more serious crimes.For active participants and general participants.And network service providers have played a greater role in the expansion of MLM organizations.Among them,the help provided by network technical support personnel has weakened the status of help and increased decisiveness and should be punished with the Crimes of Assisting in Information Network-Related Criminal Activities.Network platforms that refuse to delete network pyramid schemes information can also be convicted and punished for the Crime of Refusing to Perform the Obligation of Information Network Security Management.To regulate the crime of pyramid selling on the basis of existing laws,we should face up to the contradiction between legal provisions and actual cases and we should perfect it from the legislative and judicial levels.There are three points.First,laws and regulations should be improved to make the criminal law and administrative regulations cleverly connected.Second,a judicial interpretation should be issued to clearly express the specific classification standards applicable to the organizers and leaders of pyramid selling crimes in the form of provisions,so as to provide accurate reference for judicial work.Third,the identity of the main criminal of the network service provider should be affirmed and the crackdown on the network crime should be strengthened to prevent the network pyramid selling crime.