[straight news network reported, Beijing, February 19] (procuratorial daily) for relevant laws and judicial interpretation provisions are in principle, in judicial practice, the organization, leadership, marketing activities such as pyramid selling crime plot, filing, the standard of the sentencing are often difficult to accurately grasp. From Jujube City, Hubei province procuratorate for such cases in recent years, the situation, mainly in the following problems:

The main types of crime of marketing, the circumstances are serious, lack of specific standards of sentencing standards. For example, what is the case is serious, criminal law and related judicial interpretation of the lack of specific provisions. As another example, the scope of the crime subject of crime is too small, the criminal law and relevant judicial interpretation provisions are only of more than 30 people and levels in grade 3 or more of the organizer and leader of prosecution, and actively participate in marketing activities who are excluded outside the scope of criminal law, is not conducive to punishing this kind of crime. As for the starting point, how to determine the circumstances, it is difficult to grasp.

Difficult to obtain evidence of the crime of pyramid schemes. In recent years, marketing activities by the MLM tangible goods turned to the Internet and other high-tech means of marketing intangible goods, pyramid selling organization gradually relying on in the network: the virtual organization, the organizational structure is very loose, marketing personnel between often in the form of code and a pseudonym contact, to line officers are difficult to identify. Two is the frequent flow of marketing personnel, the majority of foreign population, a wide range of activities, the investigation is more difficult. Three is the amount of illegal profits of marketing personnel, the flow of funds due to the large number of personnel, account confusion, frequent and difficult to identify the transfer.

Difficult to catch the sales staff. Pyramid selling crime has organized and regardless of geography, often in the country and even overseas activities, wide range of radiation; personnel is numerous, frequent movement, activity place is hidden; hierarchy, with higher levels of hidden deeper. In order to catch the crime suspects, the need to spend a lot of time, police, material and financial resources, and the current public security organs of the police is limited, the case of many people, it is difficult to deal with.

To solve the above problems, the author believes that we should do the following three aspects of the work:

Improve the standards of judicial identification. In the case of standard, not only of the organizer, leader shall be filed for investigation and prosecution, shall actively participate in marketing activities are also included in the prosecution. MLM organization has pyramid structure mode, at the top of the organizers and leaders tend to be in the minority and hidden deep, mysterious and difficult to be seized. While the real MLM organizations play a role as the main force is an active participant, they are often responsible for introduction, deception or force others to join MLM organizations, not only subjective malignant deep, but also has serious harmfulness to the society, criminal law should be such personnel will be included in the scope of prosecution. In sentencing standards should be set different standards of sentencing range, according to which played in the pyramid selling activities in the role, the development of the assembly line, the number of cases and obtain illegal profits, the amount, the consequences of the severity of the sentencing standards for detailed and comprehensive above factors determine the penalty amount. In serious criteria can be based on pyramid selling crime characteristics and hazards of settings, such as according to the size of the amount of the illegal income of the pyramid selling crime, according to the in development off the assembly line process is the implementation of beatings, intimidation, limit the personal freedom and other acts of violence, according to the level of development, development personnel quantity how many factors to determine if the circumstances are serious.

Establishment of social governance prevention and control mechanism. Strengthening of key personnel management, the establishment of community led, comprehensive management of public security and judicial departments cooperate with each other, in order to carry out verification and registration, the rule of law education, ideological trends such as for contents of key personnel (especially the floating population) prevention and control mechanism, regularly carry out publicity and education of rule of law, timely grasp the idea of dynamic, discovered signs of MLM, timely curb MLM crime in the bud. Established by the public security led, community defense for key security patrols, the defense joint control mechanism, increase of premises patrol defense in the frequency and number, effective prevention and disposal of pyramid selling crime.

Fully cooperate to form a joint force. Formed by the public security organs, industry, commerce, administration, finance, communications, publicity, supervision departments and actively cooperate with the supplement to combat efforts, adhere to the ruthless fight MLM organizers, leaders, thorough destruction of the marketing network. 3

(original title: to crack the problem of crime to punish crime needs to start from three aspects

Editor: Xiao Shen

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