Research On The Judicial Determination Of Network Pyramid Scheme Crime

In recent years,with the rapid development of the network and enterprises,the form and characteristics of pyramid schemes have been greatly changed,resulting in a series of new models and new behaviors.Pyramid selling actors take the Internet platform as the carrier,under the guise of "Internet finance","shopping rebates","wechat business" and "charity and public welfare",and try to evade pyramid selling activities with "legalized packaging".This kind of pyramid selling is a new type pyramid selling with a certain number of personnel and certain actual harm,which destroys the social and economic order to a certain extent and causes significant property losses.At the same time,because of the uniqueness of the new network pyramid selling crime,there are certain realistic difficulties in its judicial application.Therefore,this paper takes the network pyramid selling as the research object,combines the judicial practice to carry on the in-depth analysis,and makes use of the relevant theories of criminal law,gives some judicial application ways,hoping to carry on some norms to the behavior of the network pyramid selling crime.This paper has a total of more than 40,000 words,except the introduction,which is divided into four parts:Chapter two mainly summarizes the basic problems of network pyramid selling crime.By clarifying and defining the three important concepts of "pyramid selling","network pyramid selling" and "network pyramid selling crime",and analyzing the difference between pyramid selling and network pyramid selling,the harm analysis of network pyramid selling is carried out to lay the foundation for the in-depth study of the full text.Then it systematically combs the legislative evolution of online pyramid selling and summarizes it into three periods,namely the period when pyramid selling activities are prohibited,the period when pyramid selling behaviors are incorporated into the criminal circle and the period when pyramid selling behaviors become independent crimes.Chapter three analyzes the judicial characteristics and types of network pyramid selling crimes.On the basis of summarizing the characteristics of the network pyramid selling crime,the research shows that compared with the traditional pyramid selling behavior,the new pyramid selling activity in the carrier of pyramid selling has the trend of virtualization and networking,bringing higher concealment,and more difficult to be regulated,law enforcement,pyramid selling activity cost is lower and more wide across the region,high intelligence and development speed,the case involves more people,the amount is larger.On the basis of this study,the common behavior types of online pyramid selling crime are divided into five types,namely,Internet finance type,shopping rebate type,wechat business pyramid selling type,charity and public welfare type and other types.Chapter four points out the dilemma of judicial application of network pyramid selling crime.Specifically,the dilemma of the application of online pyramid selling is divided into three parts: the formalization of the identification boundary of the criminal subject of online pyramid selling,from this point of view,the formalization of the criminal subject is discussed;The boundary between crime and non-crime of online pyramid selling crime is vague and unclear.The analysis goes to the calculation of "virtual points" in the number of offline development of online pyramid selling crime,as well as the fuzzy boundary between pyramid selling crime and legal business behavior and team remuneration behavior.The competition and cooperation between the crime of organizing and leading pyramid selling activities and other related crimes are analyzed,the cross problems between the crime of organizing and leading pyramid selling activities and the crime of fraud are sorted out,the difference between the crime of organizing and leading pyramid selling activities and the crime of illegal fund-raising is distinguished,and the application of the crime of illegal business is further explored.It also discusses the crime of organizing and leading pyramid selling activities and violent crimes.Chapter five puts forward the feasible path to optimize the identification of network pyramid selling crime.On the subject scope of the crime of online pyramid selling,it is necessary to avoid the deviation of the organization and leadership personnel in the provisions,and reasonably identify the legal responsibility of the network platform to help the crime and the unit.In dealing with the criminal and non-criminal boundaries of network pyramid selling crimes,we must unify the identification standards of the number and level of offline development,but also clear the legal boundaries of new pyramid selling crimes and legal management,team remuneration.In the discrimination and identification of network pyramid selling crime and associated crime,it is necessary to reasonably define the cross competition and cooperation between network pyramid selling crime and fraud crime,regulate the competition and cooperation between financial pyramid selling crime and illegal fund-raising crime,avoid judging network pyramid selling crime as illegal business crime,and clarify the competition and cooperation between network pyramid selling crime and violent crime.