Two, the industrial and commercial administrative departments responsible for all cases of pyramid schemes, but in the process of investigating and investigating suspected crimes should be transferred to public security organs for investigation.

"Ban on marketing regulations" seventh to "belong to the pyramid schemes act" in three forms made clear. The eighth provisions of the Ordinance clearly stipulates: "the administrative department for Industry and Commerce in accordance with the provisions of this Ordinance, is responsible for the investigation and handling of the seventh provisions of the act." That is to say, all kinds of forms of marketing cases, not found on suspicion of crime, industry and commerce administration departments should take the initiative to seriously investigate and deal with. Only in the course of the investigation found that the alleged crime, in accordance with the provisions of the prohibition of marketing regulations thirteenth, according to the law transferred to public security organs for investigation".

MLM behavior occurs in commercial activities in violation of the rules of commercial behavior, the administrative department for Industry and commerce is responsible for the supervision of business irregularities in the sector, as it should be responsible for all marketing behavior regulation. In practice, most of the pyramid schemes are generally illegal behavior, and "the prohibition of marketing regulations" have been granted to the administrative department for Industry and Commerce and a number of measures, and the illegal pyramid scheme according to the general provisions of the Ordinance, were given the confiscation of illegal property, confiscate the illegal income and fines, ordered to suspend business for rectification, revoke the business license and other penalties. According to the provisions of the prohibition of marketing regulations fifth spirit, industry and commerce administration department should adhere to the principle of combining education and punishment, education citizens, legal persons or other organizations consciously abide by the law".

Three, the public security organs in the case of marketing investigation: only responsible for the alleged crime cases.

Whether the behavior of suspected MLM suspected of a crime, to accept the report are the state is uncertain, then report to the public security organs of suspected pyramid schemes, whether can not by the administrative department for Industry and Commerce shall investigate and transfer, and according to the investigation report? The author thinks that, according to the relevant provisions of the "regulations prohibit pyramid schemes". It is not possible.

"The prohibition of marketing regulations" provisions of article fourth: "the administrative department for Industry and Commerce and the public security organs shall, in accordance with the provisions of this Ordinance, the scope of their duties in the investigation of pyramid." The sixth provisions of the Ordinance: any units and individuals have the right to the industrial and commercial administrative departments, public security organs to report acts of pyramid schemes. Administrative departments of industry and commerce, public security organs received a report, it should immediately investigate and verify, investigate and deal with according to law." The tenth Ordinance stipulates: "in the pyramid to introduce the work, engaged in business activities in the name of cheating others leave the residence of illegal gathering and the restriction of personal liberty, by the public security organs in the administrative department for Industry and Commerce in accordance with the law and." The fourth emphasizes the "responsibility"; Article sixth defines the administrative department for Industry and Commerce and the public security organs can accept the report, however, did not request the public security organ to accept the report after investigation, but immediate investigation and verification, investigated and dealt with according to law". Obviously, if not found suspected of a crime, it shall be to transfer the clues to the administrative department for Industry and Commerce in accordance with the law and regulations; tenth the case relates to restrict the personal freedom of citizens, the administrative department for Industry and Commerce alone and have difficulty, however, in the investigation and verification before does not determine the behavior of people suspected of a crime, therefore, whether it is the administrative department business or public security organs accept the report of such cases, to the public security organs in the administrative department for Industry and Commerce in accordance with the law and, after investigation to determine if suspected of a crime, the public security organ for investigation, otherwise, can only be dealt with by the administrative department for Industry and commerce according to law. The provisions of the spirit of comprehensive analysis, the conclusion can be drawn that the industrial and commercial administrative departments and public security organs can accept suspected pyramid schemes to report, but the public security organ shall generally be clues to the administrative department for Industry and Commerce investigation and verification, but to restrict the personal freedom of a citizen shall be reported by the public security organs in conjunction with the administrative department for Industry and Commerce in accordance with the law and.

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