Research On The Controversial Issues Of Internet-Based Pyramid Crime In Virtual Currency Cases

The rapid development of network pyramid schemes has brought many challenges to judicial practice,requiring us to explore the crime of organizing and leading pyramid schemes in greater depth.Through the empirical analysis of 129 cases of virtual currency-type network pyramid schemes,we found that the current scale of such crimes is large,the number of people involved is large,and huge losses are caused to people’s properties.In practice,there are three controversial issues in the judicial determination of virtual currency network pyramid schemes,namely,the controversy over the crime,the controversy over the incrimination criteria,and the controversy over the organizers and leaders.As for the controversial charges,the virtual currency network marketing crimes involve the crimes of capital raising fraud,illegal public deposit absorption,and helping information network criminal activities,etc.Different crimes should be distinguished from the subjective aspects and objective aspects.For the more controversial crime of organizing and leading pyramid selling activities and the crime of capital raising fraud,the competing relationship should be treated as imaginary competition,and one felony should be selected for punishment.As for the incrimination standard,the controversy in the theoretical circles is whether the incrimination standard should be raised or lowered.In practice,the controversy mainly lies in the determination of "number",one is whether false accounts should be eliminated,and the other is whether transfer accounts should be eliminated.In the former case,the so-called fake accounts are not actually involved in pyramid scheme activities,nor do they cause actual influence,so they should be excluded when calculating the number of perpetrators.For the latter,there are two types of counting situations,one is how to count the original downline of the transferred account,and the other is how to count the new downline of the transferred account,which should be discussed in different situations.In addition,for the resolution of the "number of people" dispute,the amount of profit can be considered to be included in the criminalization criteria.The controversial issue of organizers and leaders includes two points,one is the controversial issue of identifying organizers and leaders,and the other is the controversial issue of dividing the organizers and leaders into principals and accessories.For these two controversial issues,can be solved from three aspects,one to the key role of the interpretation of the restrictions,the second to the area in charge of the situation identified,and the third can be divided into the division of the main work,the circumstances as a complement to the division of the principal and accomplice.