An Empirical Study On The Crime Of Organizing And Leading Pyramid Selling Activitie

The Seventh Amendment to the Criminal Law stipulates the crime of organizing and leading pyramid selling activities,which ends the frustration of criminal sanctions against illegal pyramid selling activities by illegal business crimes in the past.However,with the continuous development of the socialist market economy and the continuous change of the Internet technology,the crime mode and means of pyramid selling crimes have been promoted to update.The existing legal provisions and judicial interpretations cannot effectively explain the conviction and sentencing of pyramid selling crimes.Conviction and sentencing are related to personal innocence and judicial justice,so how to adapt the existing provisions of pyramid selling crime to its new criminal model and ensure the balance of sentencing is an urgent problem to be solved in the current pyramid selling crime.For this reason,this paper is based on the relevant theories and judgment documents of the conviction and sentencing of the organization and leadership pyramid selling activity crime,obtains the corresponding data through the empirical research method,reveals the judicial status quo and theoretical gap of the conviction and sentencing of this crime,and then puts forward the corresponding improvement methods through the laws obtained from the empirical research,so as to improve the shortcomings and problems of the conviction and sentencing of this crime.In addition to the introduction and conclusion,this paper is mainly divided into four parts.The first part mainly carries out data analysis and descriptive analysis on the identification of the criminal subject and objective aspects in the four elements of the crime of organizing and leading pyramid selling activities,restoring the true appearance and dynamics of the crime of organizing and leading pyramid selling activities in terms of conviction.The second part mainly conducts data analysis,multiple linear regression,and binary logistic regression on the main penalty,fine penalty,and probation application of the crime of organizing and leading pyramid selling activities,to obtain the sentencing rules of the crime of organizing and leading pyramid selling activities in various regions of China in practice,and then discovers the fact that the role of various sentencing factors in the application of various regions is not completely consistent,Then it shows the judicial status quo of the sentencing of this crime.The third part discusses the problems existing in the judicial practice of the crime of organizing and leading pyramid schemes in China.In terms of conviction,firstly,the standards for determining the subject of the crime are not unified,with a focus on formal elements and a lack of examination of substantive elements.Secondly,there is an expansion of the determination of organizers and leaders,which improperly expands the scope of the crime.In terms of the objective aspect of this crime,there are issues of "virtual establishment of the offline" and the neglect of the importance of the amount involved in the determination of the development offline.In terms of sentencing,the main reason is that the judicial interpretation is not unified in the standard of the benchmark punishment for sentencing and the sentencing factors are lacking,which has affected the standardization of the sentencing of the main sentence.Then in the discretion of fine punishment,because the provisions are too principled,there is no specific standard,which has led to the imbalance of the sentencing of fine punishment.Finally,in the discretion of probation,because the factors affecting the application of probation are unscientific and there is no unified standard,Causing chaos in the application of probation.The fourth part mainly summarizes the issues in the third part and puts forward concrete suggestions based on the data obtained from empirical analysis.In the aspect of conviction,it is proposed to adhere to a comprehensive identification model,taking into account both form and substance,while limiting the identification of organizers and leaders;In the objective aspect,for the treatment of "virtual offline",it is recommended not to recognize it to ensure the principle of a legally prescribed punishment for a crime;In terms of sentencing,it is proposed to unify the sentencing standards of the principal punishment and appropriately add the unique sentencing circumstances of this crime to comprehensively adjust the sentencing of this crime,promoting the standardization of the principal punishment sentencing;Aiming at the fine penalty,this paper proposes a standard penalty construction method for the fine penalty to strengthen the punishment effect of the fine penalty;Finally,based on empirical analysis,a unified formula model for probation application is proposed to promote the standardization of probation application.