The Judicial Determination Of The Organization And Leadership Pyramid Selling Over The Internet

The Organization and Leadership Pyramid Selling Over the Internet is a new type of stakeholder economic crime.Network MLM organizations develop offline under the name of financial innovation,capital operation,and rebate consumption,and charge entry fees,which is extremely destructive.On the one hand,the Organization and Leadership Pyramid Selling Over the Internet retain some of the characteristics of traditional the Organization and Leadership Pyramid Selling,and their essential characteristics of attracting heads and charging entry fees have not changed,but at the same time they exhibit characteristics different from traditional MLMs.Publicity is extremely confusing and organized.Fast intergenerational updates.Therefore,in judicial practice,there are many difficulties and confusions when judging whether the perpetrator of network pyramid scheme constitutes a crime by using the criminal elements of the crime of organizing and leading pyramid schemes.Starting from judicial practice,this article focuses on the analysis of four aspects of the judicial application of pyramid schemes in the network environment,in order to provide references for the handling and follow-up research of new types of network pyramid schemes.This article is divided into five chapters to analyze the judicial identification of pyramid schemes crimes under the network environment:The first chapter introduces the current situation of network pyramid selling crime and the dilemma of judicial application.The Organization and Leadership Pyramid Selling Over the Internet is a new type of MLM model based on the Internet.It is an "enhanced" MLM model upgraded with the convenience of the Internet in the era of Internet popularization.In terms of judicial application,my country’s legal regulation of pyramid schemes has formed a three-dimensional legal system from administrative regulations.However,criminal cases of online pyramid schemes are still commonplace,and their manifestations are significantly different from traditional pyramid schemes,and the methods continue to innovate.Based on this,in judicial practice,there are many difficulties and confusions when judging whether the perpetrator constitutes a crime based on the criminal constitutional elements of the crime of organizing and leading pyramid schemes,which are mainly concentrated in the following four aspects: the identification of the organizer and the leader,The identification of the number of people in the development of pyramid schemes,the judgment of the payment method of the network pyramid schemes,the distinction between the network pyramid schemes crime and the illegal fund-raising crime.The second chapter discusses the subject identification of pyramid schemes crimes under the network environment.The crime of organizing and leading pyramid schemes only punishes organizations and leaders,but in practice,the identification standards for organizations and leaders are too formal,and it is difficult to effectively and effectively solve the problem of identifying the subject of network pyramid schemes.In addition,in the Organization and Leadership Pyramid Selling Over the Internet,the establishment of a network platform is a prerequisite for the development of MLM activities,which introduces a new problem: the identification of the responsibility of network technicians for helping behavior.This article believes that the identification of organizations and leaders should be combined with the provisions of the "Opinions on Handling Criminal Cases of Organizing and Leading MLM Activities".As for the identification of the help behavior of network technicians,it can be specifically analyzed based on the theory of accomplices and the theory of primalization of help behavior,combined with the role of the help behavior in the pyramid scheme crime.The third chapter is about the identification of the number of criminals of pyramid schemes in the network environment,which is mainly reflected in the "virtual point" problem in the identification of the number of criminals of pyramid schemes in the network environment.The analysis of the "virtual point" problem of online pyramid schemes requires us to fully understand the criminal law system as a whole and correctly understand the essence,principles and functions of the criminal law;on the other hand,it requires us to deeply study and understand the crime of organizing and leading pyramid schemes and correctly grasp the crime The legal interests protected by sin.From the perspective of legal interest protection,the existence of "virtual dots" does not infringe on the legal interests protected by pyramid schemes,so "virtual dots" cannot be included in the actual number of offline developments.The fourth chapter starts from the new type of remuneration method that appears in the crime of network pyramid marketing,and analyzes the difference between it and the team remuneration method based on sales performance.Regarding the form of team-based remuneration,which is still a crime in essence,the pulling head-based remuneration model can be distinguished from the following four aspects: first,whether the actual sales of goods and services are provided;the second is that the income of members comes from offline The performance or the number of offline;the third is whether the price of the product sold is too far from the actual value;the fourth is whether the organization has the conditions for existence and long-term maintenance.The fifth chapter analyzes the definition of network pyramid selling crime and illegal fund-raising behavior.As a typical representative of stakeholder economic crimes,pyramid schemes and illegal fund-raising crimes,especially the crime of fund-raising fraud,have certain similarities in behavior.When the network MLM presents the characteristics of illegal fund-raising at the same time,the imaginary concurrence of the crime of organizing and leading MLM activities and the crime of fund-raising fraud is formed.In fact,even if the fund-raising fraud perpetrator adopts a similar approach to MLM,there are some essential differences between it and the MLM crime: in terms of subjective purposes,the Organization and Leadership Pyramid Selling Over the Internet is the purpose of illegal profit-making,and fund-raising fraud is the purpose of illegal possession;in terms of behavioral methods,The behavioral methods required by the elements of the Organization and Leadership Pyramid Selling Over the Internet are more complicated than the crime of fundraising fraud;in terms of organizational structure,the Organization and Leadership Pyramid Selling Over the Internet has a strict organizational hierarchy,which continues to develop downward in a pyramidal manner.The structure of the crime of fund-raising fraud has been flattened and developed continuously.In practice,the two should be clearly distinguished in order to determine the crime and sentencing.