On the organization, leadership pyramid schemes main crime problems
|Keywords||MLM crime Organizer Leader Active participants Unit|
Against rampant pyramid schemes, in February 2009 the new introduction of the \MLM criminal significant progress in the legislative process. Since the new amendment introduced soon, for organizing and leading the crime pyramid schemes there is a big problem how to identify the main differences between the operation of the judicial practice there are some difficulties. To this end, the author departure from theory and practice of organizing and leading the crime pyramid schemes subject issues a preliminary study, in the hope of organizing and leading the crime pyramid schemes, in theory and practice of improving the operation of benefit. Besides the introduction and conclusion, is divided into four parts. The first part describes how to identify the organization, leadership pyramid schemes sin organizer. By introducing the actual case, analyzing cases in practice the problems identified, the author believes that the organizers are subjective MLM organization and leadership activities with direct intent, resulting from activities of MLM occurrence of harmful results support the pursuit of hope and positive attitude, and was established under the domination of this deliberate marketing organization; objectively MLM activities with organizational behavior from scratch, ie advocacy, initiate, plan, build pyramid organizational behavior, the organizers include only partners or shareholders of the Company, the organizers organizational behavior do narrowing interpretation MLM organizations created after induction of organizational behavior leadership behavior. The second part describes how to identify the organization, leadership pyramid schemes offense leader. By introducing the actual case, analyzing cases in practice the problems identified, introduced criminal law scholars question for leaders of several viewpoints, I do not think the name of one-sided or single-level MLM leaders to be identified, it should be from a subjective leadership pyramid schemes having direct intent, objectively leadership and leadership from the leadership behaviors identified by subjective and objective grasp of the principles of consistent leadership. The third part discusses the active participants identified issues. In addition to the organizers, the highest level of leadership is undoubtedly the leader of this crime, but some low-level leaders and participants are victims of the same beginning, and later evolved into a victimizer, and active participants there are certain leadership behavior, so leaders and active participants have ties, and sometimes even cross each other, making it difficult to distinguish between the leaders and the active participation of those boundaries, I act from a subjective and objective attitude to distinguish leaders and active participants in, and will be presented for academic active participant in the crime included in this view of the scope of the subject, the author MLM business regulation, China's national conditions, subjective vicious and harmful behavior, guilt and punishment fit the policy of combining punishment with leniency and other four aspects of the participants should not be included in the positive the main reason for the crime. The fourth part is about whether the unit into the main scope of this crime problem. First introduced in the criminal law academic units are included in the crime of the main range of different perspectives, and viewpoints of the assessment, describes the main unit included in the scope of the reality of sin needs and in line with our theory of criminal law and criminal law norms basic spirit. Secondly, I believe that the identified units into the main scope of this crime should have the following four conditions: a unit established by law, criminal behavior is under the control units will be implemented to the unit name for the benefit of all units. Finally elaborated individuals and units, respectively, as organization, leadership pyramid schemes subject of four cases.