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Study on the Crime of Leading and Organizing the Pyramid Selling

Author: SuJing
Tutor: ZuoZuWen
School: Guangxi University for Nationalities
Course: Criminal Law
Keywords: Organization Leadership Pyramid sales Organizing and leading MLM activities sins Elements of the crime Judicial determination Inadequate legislation Perfection of Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 64
Quote: 1
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Abstract


MLM is not a business activity , but a hoax . \The fraud type the MLM team capitation type MLM pyramid schemes can be divided into criminal law to combat fraud type MLM . The Object of the Crime is the order of the market economy , the citizens property ownership and management of social order ; objective aspect of crime for the organization , leadership pyramid schemes, pyramid selling activities MLM organizations in the advanced stage of the implementation of behavior ; criminal subject MLM activities of the organization , leaders , including natural and units ; subjective aspect of the crime direct intent and purpose of illegal profits . Judicial practice to distinguish between pyramid schemes and multi-level direct sales , multilevel marketing is not a crime ; is a result of committing this crime , rather than acts committed , the crime consummated form of pyramid selling activities should be based on the formation of a certain level and the number of development ; belong to any of this crime common crime, the main accomplice of the points between the organizer and leader , but not a common crime among organizers, leaders and participants relationship ; this crime and fraud, financial fraud and other fraud crimes Protection Law King together the relationship , if the process of MLM activities of illegal detention , intentional injury and other assault and battery Lee to graft. This crime, there are still legal punishment is too light , the scope of the supplementary punishment did not provide for the confiscation of property and criminal subject is too small lack of legislation , can introduce additional requirements and additional confiscation of property by increasing the maximum legal punishment , sin , enticing or coercing others to participate in MLM activities and other methods to be addressed .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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