2016-03-24 17:02

 

Crack MLM comeback problem to improve the law

 

[direct network reported Beijing March 24 hearing (legal network) the occurrence of marketing personnel siege police station events of Dingzhou City, Hebei Province is a pyramid selling heavy disaster area, has been the local heavy crackdown MLM. However, due to recent MLM gangs digging, organization more secretive makes Dingzhou faces and elsewhere against pyramid schemes of the common dilemma: anyway to intensify the crackdown, marketing personnel as the cut chives like, check the crop and crop.
How to solve this dilemma, become the problem to be solved in the fight against pyramid schemes.
It is understood that public security organs against pyramid schemes generally adopted a "ramming dens, catch backbone" method, but in this case, decentralized marketing personnel, covert action, is very difficult to be seized, organizer and leader usually easily appeared, even if subsequent forensics arrested it is very difficult to carry out.
Hebei Province Public Security Bureau of Economic Investigation Corps relevant responsible person said, criminal law amendment (seven) added the crime of organizing and leading MLM, but due to criminal prosecution standard is too high, an active participant in the pyramid selling activities can walk on the edge of the law and the judicial practice in criminal activities of pyramid sales still illegal detention, the crime.
According to reports, according to the regulations, organizing and leading the crime pyramid schemes eligibility punishment subject only organization and leadership activities in more than 30 people and levels in more than three of the marketing personnel, but public security organs, the general seized the main leader is only MLM organization "dormitory director level personnel and before not the MLM organization system completely from the bottom, it is difficult to rely on existing evidence confirmed who organized and led more than 30 people to the" line ", unable to determine staff levels, resulting in many cases can not achieve the case the prosecution standard of organizing and leading the crime pyramid schemes.
For many offline MLM organizations, although the behavior for the same offense, but in accordance with the provisions of the present, to participate in pyramid schemes, by the administrative department for Industry and Commerce shall be ordered to stop illegal activities, the participants can be fined up to 2000 yuan.
"Big fish" is difficult to arrest, "shrimp" and reach the crime organization standard, do not even the elements of administrative punishment, so many MLM Gang is an inventory can only dissipate repatriation, after backbone leader "offsite resurrection", the participants "comeback", the marketing personnel only like leek crop after crop.
Needle in this regard, the National People's Congress to make recommendations in this year's "two sessions", should be in the legislation on the illegal and criminal acts of pyramid selling relevant provisions of the amendment, from security to criminal, "the size of the two clear marketing staff at all levels of punishment conditions, determine the development personnel and the amount of the double standard, increase the marketing personnel, especially the ordinary participants and MLM organizations to provide convenient conditions personnel punishment.
In addition to further improve the legislation, the fight against pyramid schemes also require multiple departments to work together.
Hebei Province Public Security Bureau of Economic Investigation Corps relevant responsible person said, in the existing legal framework, in order to maintain a high pressure situation of MLM, both to form the public, prosecutors, judicial, law, finance, communication, etc., the relevant departments to combat force, especially in the current network marketing, micro channel marketing growing, communications department and financial department to increase the surveillance and punishment; community organizations of the United Nations, strengthen dynamic security management of rental housing investigation, registration and the area of floating population, accomplish a nip in the bud.
Due to being a brain, many marketing personnel sent to do not loose, reflux phenomenon is serious, making the fight against the most difficult to do the work of marketing is actually anti". At present, some civil anti MLM power gradually rise, many of them have been in the marketing organization internal "work" of the people. Some experts suggested that the relevant departments by the folk people power, integration of the folk and the official anti MLM power, for the entire marketing ecosystem 73rd with heavy blows.
On 23 December 2015, Langfang Guangyang Public Security Bureau with the Department of industry and commerce joint strike illegal activities, in one fell swoop Duandiao a MLM organization, control sales personnel and more than 500 people, destroyed five classroom, dormitory 10. 48 key staff lien review and entry blacklist. And before the difference is that the police to control the marketing staff, several volunteers began to educate them on the anti mlm. Reporters from the Langfang City Public Security Bureau was informed that the local police in the inventory of MLM action give full play to the anti MLM volunteer action, anti MLM propaganda and education of the people involved, to effectively curb the spread of pyramid selling crime development momentum. 3