The Boundary Between Crime And Non-crime Of Team Paid Pyramid Selling

When some economic activity is conducive to the development of the society,and the law is also stipulated as illegal or even criminal,this is when the law lags behind the reality of social life.Team reward is a sales model that can expand enterprise market share,ensure product quality,improve the income of sales staff and promote employment.In foreign countries,the team reward model is widely adopted by enterprises and recognized by local regulators,but it is not recognized by regulatory agencies in China.Although the current law forbids companies from using the team reward model,it is widespread in the infancy of some emerging industries.The advantage of team remuneration is that it can expand the market share and economy of goods Although the cost of enterprises,increasing the income of marketing personnel and the promotion of employment are easy to be used by criminals as a tool for illegal profit,their disadvantages can be regulated through rules and regulations.According to the 2013 Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the "about handling organization leading pyramid selling criminal cases of some issues of applicable law"(hereinafter referred to as the "opinions")and the relevant provisions of organizing,leading pyramid selling activities,using team paid marketing model may be suspected of administrative violations,but should not be treated as a crime.But the judicial practice is just the opposite,a large number of enterprises that adopt the team reward model were convicted and punished.The current judicial practice denies the team marketing marketing model: the first is the lack of the actual use of the team marketing model;the second is the denial of the team marketing model on the grounds of violating the Direct Selling Management Regulations;the third is the abuse "Property fraud" denies the team compensation model;fourth,it denies the team compensation model with other reasons.The main reason why the team reward marketing model is difficult to be recognized by the judicial organs is that,first,the distinction between simple and formal team remuneration is unclear,the second is the abuse of fraudulent property,and the third is not aware that the team reward model should not be regarded as a crime.For the determination of simple team compensation,five-step analysis can be adopted layer by layer,and the boundary between the two can be screened from the profit source and the joining method.Whether the team reward mode is property fraud should be combined with the essential characteristics of the property fraud,the source of team profit and the company’s experience Whether the camp mode has a comprehensive judgment of sustainability.The boundary between crime and non-crime of the team reward marketing model is mainly whether the goods are really sold,and the goods are not reduced to props.In order to give more effective play to the economic function of the team reward model and the precise crackdown on pyramid selling crimes,several suggestions are put forward.One is to clarify the provisions of the Opinions on the team reward,the second is to refine the management of the team reward,and the third is to legalize the team remuneration.For the Opinions,"simple" can be changed to "real","formal" to "superficial",and the use of "fraudulent property" can be restricted to reduce the ambiguity of judicial application.To refine the supervision of team remuneration,mainly refer to the control mode of team remuneration in the United States,strictly distinguish team remuneration and fraudulent pyramid schemes from the concept,and strengthen the right in details Control of the team remuneration mode.The reason why the control of team remuneration,the frequency of judicial practice chaos,decoupling from economic development,disconnected from reality,inconsistent with the international mainstream trend,is ultimately due to the "prohibition of pyramid selling regulations" defined it as a pyramid selling,to strike.In order to completely solve the boundary of the crime and non-crime of team reward,and give full play to the role of team reward model in promoting the economy and society,it is the general trend to give the legal status of team reward.