On The Judical Determination Of The Crime Of Leading Pyramid Selling Atctivities ——A Case Study Of Pyramid Selling Atctivities Led By Zhang × ×

With the continuous renovation of the criminal methods of pyramid selling crimes,there are also new problems related to judicial determination.From the perspective of case analysis,this paper takes the rather special case of "Zhang Moumou organizing and leading pyramid selling activities" as the starting point,combining the theoretical research of domestic scholars on the crime of organizing and leading pyramid selling activities and typical cases in judicial practice,and goes deep into the Discuss the difficulties encountered in the determination of the crime of organizing and leading pyramid selling activities revealed behind the case,and strive to provide some help for the judicial organs to deal with similar cases.In addition to the introduction and conclusion,this paper consists of three chapters:The first part is a brief introduction to the case and a summary of the focus of the dispute.Including the introduction of the case and the court’s ruling results,and through the specific analysis of the case,the two controversies involved in this case are summarized: one is whether the GEC organization that Zhang joined is a pyramid selling organization;the second is Zhang’s Whether the behavior is serious.The second part is the case evaluation and analysis around the dispute focus of the case.This part,as the key content of this article,firstly analyzes the logical structure of "pyramid marketing activities" in Article 224 of the Criminal Law.Secondly,closely follow the logical structure of "pyramid marketing activities",especially the understanding and application of elements such as "entry fee","hierarchical relationship","superior’s source of profit" and "defrauding property",and specifically analyze the defendant Zhang in this case.The operation mode of the GEC organization that a certain participated in pointed out that the GEC organization involved in this case is not a pyramid selling organization,and Zhang Moumou’s behavior does not belong to the "organization and leadership of pyramid selling activities" in the criminal law.Finally,combined with the theoretical knowledge in the criminal law on how to apply "serious circumstances" as a condition for upgrading statutory sentences and the objective facts of the case,it is believed that Zhang Moumou’s behavior does not belong to "serious circumstances".The third part is the reflection and suggestion on the judicial determination of such cases.Closely following the case analysis,the handling of such cases has led to corresponding thinking,that is,how to characterize the promotion of virtual currencies such as GEC coins based on the "entry fee".In this regard,the corresponding solution is that it is not appropriate to convict and punish acts that do not sell virtual currency on the basis of charging entry fees as the crime of organizing and leading pyramid selling activities,but should be characterized as "illegal business operations" in the criminal law.However,due to the lack of corresponding judicial interpretations for the time being,in order to properly handle such cases,it is recommended to issue judicial interpretations to provide guidance for judicial practice.