Empirical Research On The Crime Of Organizing And Leading Pyramid Schemes In Cyberspace

With the advent of the Internet era,technological innovation has brought convenience to mankind,and the tool attributes of the Internet have also made it a criminal tool for criminals.Traditional MLM gradually spread to cyberspace and produced a variety of deformed MLM models.The concealment,virtuality,and cross-regional nature of the network have led to a high incidence of MLM crimes in cyberspace.It is unclear how judicial practice responds to the crime of organizing and leading pyramid schemes in cyberspace.This paper mainly sorts out the current situation of judicial application through empirical analysis,discovers the difficult problems of organizing and leading pyramid schemes in cyberspace,and finally proposes corresponding countermeasures in combination with legal theory.This article is divided into five sections:The first part is an introduction.The possibility and necessity of empirical research on the crime of organizing and leading pyramid schemes in cyberspace,the current status of research,the significance of research,and the research methods are expounded.The second part includes the concept of the crime of organizing and leading pyramid schemes and the characteristics and appearance of this crime in cyberspace.The third part is the judgment situation of the crime of organizing and leading pyramid schemes in China’s current cyberspace.Through the empirical analysis of 311 court verdict,explanations were made from five aspects: the determination of the subject,the determination of objective aspects,the determination of sentencing circumstances,the decision on criminal punishment,and the discretion of suspended sentence The fourth part is the current issue in the judgment of the crime of organizing and leading pyramid schemes in China’s cyberspace.First of all,the determination of the subject of the crime is not uniform.In the application of justice,there are differences in the determination of subjects that emphasize formal examination over substantive review;there are deviations in the understanding of " Organizers and leaders";and there are differences in the determination of technical personnel’s assistance behavior.Second,the criteria for criminalization are unclear.The number of people in the application of justice is determined to be affected by "Empty points" and lacks the standard of the amount of incriminating.Third,the application of penalties is unfair.The problem is that the difference between the announced penalty of imprisonment is too small and the application of the fine penalty is only a formality.Finally,the application of probation is irregular.There are large differences between regions where probation is applied and there is a lack of comprehensive assessment of the factors influencing the application of probation.The fifth part is the countermeasures to solve the problem of judgment of the crime of organizing and leading pyramid schemes in cyberspace.First of all,unify the determination of the criminal subject of network pyramid schemes.Take into account both substantive and formal examinations;define "Organizer and leader";and put forward suggestions for the identification of technical personnel’s assistance behavior.Second,improve the criteria for criminalization.Suggestions were put forward for dealing with "Empty points" in the determination of the number of people and the amount of crime was increased as standard of being prosecuted.Third,improve sentencing provisions.Establish a sentencing case guidance system and clarify the standards for the amount of fines and sentences.Finally,regulate the application of probation.Clearly refine the substantive conditions for the application of probation,and comprehensive assessment methodology added to assist Judges in decision-making.