传销的刑法学分析-刑法学专业论文.docxVIP

Abstract MLM has sociology, economics, punishment law, and other areas’ attribute. In order to have overall knowledge and master of pyramid, chapter one adopts a crossover study method to research the definitions, differentiates and classification of MLM from different angles. When we talk about pyramid selling in criminal field，we mean “pull poll”、“collect entry fee”、“obtaining by deception”，“group payment” is not one of them. There are two kinds of MLM in criminal law: the original type of MLM and the fraud type of MLM. Chapter two analyzes the MLM from the economic and the criminal law angle. We can more clearly show the essence and the fundamental difference between the pyramid MLM and the multilevel marketing in economic terms. The fraud type of MLM should be included in Criminal Law，but the original type of MLM should not be. Chapter three analyzes the organization and leadership of pyramid schemes crime from the laws literal interpretation, the legislative level of controversy as well as the qualitative issues in the judicial application through the literature research, leading to the conclusion. For the organization and leadership of pyramid schemes crime of the meaning of the legislative level, it is necessary to have some active participants who have a certain strength included in the scope of the fight; the main unit to act as the umbrella for illegal pyramid selling organizations should be subject to criminal penalties. In the judicial practice, related to the organization, identified when the leadership pyramid schemes of crime and fraud crimes, we can according to the organizers whether to have the participant into an error understanding of the purpose of payment of a fee, divide the Crime areas of the MLM model into the fraud of the fraud-type pyramid schemes and MLM model of fraud. Which were identified for the organization and leadership of pyramid schemes crime and the crime of fraud. After the introduction of the organization and leadership of