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The Study on Crime of Organization and Leadership of Pyramid Sales

Author: WangShanShan
Tutor: LiuDeFa
School: Zhengzhou University
Course: Legal
Keywords: Organizational leadership Pyramid Selling Crime Constitution Judicial Determination Perfection of legislation
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 116
Quote: 0
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Abstract


Marketing activity is the essence of legitimate business activities under the guise of fraud, the means to obtain illegal benefits.Especially in recent years, illegal pyramid selling activities have become increasingly frequent, the sales organization, scale and the amount expands ceaselessly, seriously disrupting the order of social economy, violations of the legitimate rights and interests of citizens, with serious social harm.In view of this, how to MLM crime criminal regulation becomes an important problem."Criminal law amendment (seven)" in February28,2009after the National People’s Congress Standing Committee passed, additional organization, leadership spread to sell the crime this new charge.This state of illegal pyramid selling hit in law with rules, laws, can be more effective suppression of pyramid selling crime trends.This shows our MLM legislation development strode new step.But because the legislation in the relatively short time, the academic circles about the theory on the problems of controversial.This article compares, logic analysis method and draw on the basis of previous research on the establishment of the organization, leadership spread to sell the crime legislation reasons and relevant concepts of carding,’the crime constitutive elements of crime, crime, common crime, discontinued crime status problems and this crime and other crime carries the distinction of meticulous analysis, and combined with the current our country illegal pyramid selling activities of the development trend and characteristic, put forward to administer pyramid selling crime legal provisions related to the insufficient and legislative proposals.I hope my related research on China’s punishment of pyramid selling crime development has made some contribution.The full text is divided into four parts:the first part is an overview of the organization, leadership spread to sell the crime.This part of the marketing and sales concept undertakes combing, to marketing and direct marketing classification.Clear "charge entry fees" and "pull the head" of the two pyramid type is in our country criminal law against illegal pyramid selling,"team payment" type marketing is not listed here."Pull the head" and "charge entry fees" type of MLM respectively with single level, many wrong level marketing in detail differentiate defined, can be said about the related content of theory.Followed by an analysis of the marketing of social harmfulness, disturb the order of the socialist market economy, infringe upon the property and personal rights, undermining social management order and social stability and the overall situation and the socialist morality and core value system.And then described in detail from the MLM enters our country, state of the MLM legal regulation course.Finally the conception and its characteristics in detail analysis.The second part is the organization, leadership spread to sell the crime constitutive elements of crime analysis.Article224th of the criminal law provisions from one analyses the organization, leadership spread to sell the crime in the law concept, the criminal law against MLM behavioral types, determine the accusation violated for complex object:including the order of the socialist market economy, China’s social management order and citizen’s property ownership.Specific to the objective aspects, the perpetrator of the implementation of the criminal law define the organization, leadership spread to sell behavior, the provisions of the criminal law to punish acts of pyramid selling is the standard of criminal behavior.The subject of crime can be a natural person can also be unit.In the subjective aspect is illegal benefits, direct intention.The third part analyzes the organization, leadership spread to sell the crime in the judicial aspect some questions.This part relates to the crime and some similarity difference of charge of cognizance, mainly analyzes the crime and illegal business crime, crime of fraud and crime of fraud in financing the difference and connection between, so in the judicial practice to distinguish correctly, better combat pyramid selling crime.Also relates to the problem of crime, crime stop form, the form of quantity of crime problem is the crime of status identification.The fourth part discusses the organization, leadership spread to sell crime legislation and legal perfection.In view of the subject of crime to narrow the scope of problems, put forward should be active participants into the subject of the crime of criminal law regulation on it.According to the "serious" it is fuzzy, we should introduce the relevant judicial interpretations to undertake limitting to its recommendations.The penalty sentencing scale lighter, put forward basic provisions shall the maximum penalty is life imprisonment, the supplementary punishment of confiscation of property is a proposal to increase.

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