Research On The Judicial Determination Of The New Network MLM Crime

With the development of information network technology,the forms of network MLM crime has become more complex and diverse,and the confusion and concealment of the means have become stronger and stronger,so the judicial determination of the new network MLM crime is facing more and more difficult problems.The so-called new network MLM crime refers to a variety of forms of network MLM crime,such as investment and wealth management,financial mutual aid,e-commerce,consumer rebates,etc.,which are packaged through the Internet medium,using some new concepts and using the short-term acquisition of huge profits as bait to attract people to join,and is characterised by hidden organisational development,diversification of the subject matter of the MLM,remote mode of operation and chain of interests.In judicial practice,there are some difficulties in the identification of the new network MLM crime:first,the controversial issue of the identification of the new network MLM crime;second,the complex situation of the identification of objective aspects of the new network MLM crime,such as entry fees,the number of incriminated persons and tiers,and the way of calculation of remuneration,still need to be further clarified.Thirdly,the problem of defining the different subjects of the new network MLM crime is vague.Firstly,to address the issue of the determination of the offence,the determination of the offence of the new network MLM crime should be specifically studied,and the relationship between the offence of organising and leading MLM activities and the offences of illegal business operation,fund raising fraud and illegal absorption of public deposits should be sorted out and analysed to discover the connection between the offences and the key to differentiation.Next,to address the difficulties in identifying the objective aspects of the new network MLM crime,we should start with the entry fee,analyse the differences between the entry fee and the business model entry fee,and then analyse and find that the determination of the entry fee requires a combination of factors such as whether there are inflated profits and whether it is an important source of rebates to the upline.In addition,in terms of identifying specific issues,the level of incrimination should be changed to four or more levels,the number of incriminated persons should also be increased,the standard of incriminated amount needs to be adjusted according to the actual situation,and the new model of remuneration must also be clearly distinguished from the model of team remuneration.Finally,in response to the problem of the vague definition of different subjects of the new network MLM crime,a specific analysis should be made based on the status and role of the subjects,and the subjects of the crime should be subdivided,and the organisers,leader,。。general participants,active participants and network service providers involved in this type of MLM crime should be analysed,specifying the status and role of different subjects in the new network MLM crime,as well as the judicial considerations for the incrimination of different subjects.At present,there is relatively little relevant literature on the judicial recognition or application of the new network MLM crime in China,and there is a great lack of research on the definition of the new network MLM crime,the applicable crime,and the objective aspects of entry fees,the number of people incriminated,the tiers,and the way to calculate remuneration.Therefore,further research and analysis is still needed to address the specific recognition of the new network MLM crime.