論傳銷犯罪之立法完善
發(fā)布時(shí)間：2018-10-10 20:16
【摘要】：傳銷被稱為經(jīng)濟(jì)邪教,每個(gè)傳銷組織的開始都被其組織、領(lǐng)導(dǎo)者包裝成致富神話,這些致富神話,欺騙了無數(shù)人加入了騙人的行列,同時(shí),也淪為被騙者,形成畸形的怪圈.他們?cè)诮M織者和領(lǐng)導(dǎo)者的誘騙下,除了遭受人身和財(cái)產(chǎn)的損失之外,還給社會(huì)秩序和經(jīng)濟(jì)秩序帶來了極大的沖擊和破壞。我國(guó)傳銷犯罪的立法淵源最早為國(guó)務(wù)院98年的《國(guó)務(wù)院禁止傳銷活動(dòng)的通知》,到公通字13年的司法解釋,既由最高法、最高檢以及公安部發(fā)布的《關(guān)于辦理組織領(lǐng)導(dǎo)傳銷活動(dòng)的案件適用法律若干問題的意見》為止,我國(guó)傳銷的相關(guān)立法活動(dòng)已經(jīng)經(jīng)歷了十多年的不斷探索和發(fā)展,雖然此13年《關(guān)于組織領(lǐng)導(dǎo)傳銷活動(dòng)適用法律的意見》為司法解釋,但是其進(jìn)一步明確了組織、領(lǐng)導(dǎo)傳銷活動(dòng)罪的有關(guān)法律適用問題,是刑法224條的重要補(bǔ)充,但是,我國(guó)傳銷犯罪的定義分類以及主體規(guī)定仍舊存在著界定不清晰以及主體規(guī)定籠統(tǒng)的問題,本文從我國(guó)傳銷犯罪的立法進(jìn)程入手,對(duì)我國(guó)傳銷犯罪的定義以及分類進(jìn)行研究和分析,對(duì)我國(guó)傳銷犯罪的犯罪構(gòu)成進(jìn)行研究和分析,探索和分析我國(guó)傳銷犯罪的立法目前所存在的問題,結(jié)合我國(guó)司法實(shí)踐以及社會(huì)調(diào)查問卷,借鑒東亞部分國(guó)家傳銷犯罪的立法的相關(guān)規(guī)定,最終對(duì)我國(guó)傳銷犯罪的立法的界定,犯罪構(gòu)成中的犯罪主體的細(xì)化,以及刑罰配置方面提出客觀和系統(tǒng)的完善之建議。
[Abstract]:Pyramid selling is called economic cult, and the beginning of every pyramid marketing organization is organized by its organization. Leaders have packaged it as the myth of becoming rich. These myths of becoming rich have deceived countless people to join the ranks of deceiving people, at the same time, they have also become deceptive, forming a strange circle of deformities. They were deceived by organizers and leaders, not only suffered personal and property losses, but also brought great impact and destruction to social and economic order. The legislative origin of the crime of pyramid selling in our country first came from the State Council's "notice of the State Council prohibiting pyramid selling activities" in 1998, and the 13 years' judicial interpretation of the word "Gongtong", which is based on the Supreme Law. The opinions issued by the Supreme Procuratorate and the Ministry of Public Security on the application of the law in handling cases of organizing and leading pyramid selling activities have gone through more than a decade of continuous exploration and development. Although the 13 years' opinions on the applicable Law of Organization leading MLM activities are judicial interpretations, it further clarifies the legal application of the crime of organizing and leading MLM activities, which is an important supplement to Article 224 of the Criminal Law. There are still some problems in the definition and classification of pyramid selling crime in our country, such as unclear definition and general subject stipulation. This paper starts with the legislative process of pyramid selling crime in our country. This paper studies and analyzes the definition and classification of pyramid selling crime in China, studies and analyzes the criminal constitution of pyramid selling crime in China, and explores and analyzes the problems existing in the legislation of pyramid selling crime in our country. Combining with the judicial practice and social questionnaire in our country, the author draws lessons from the relevant provisions of the legislation of pyramid selling crime in some East Asian countries, finally defines the legislation of the pyramid selling crime in our country, and refines the subject of the crime in the constitution of the crime. And put forward objective and systematic suggestions on penalty allocation.
【學(xué)位授予單位】：延邊大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：D924.3
本文編號(hào)：2263105
[Abstract]:Pyramid selling is called economic cult, and the beginning of every pyramid marketing organization is organized by its organization. Leaders have packaged it as the myth of becoming rich. These myths of becoming rich have deceived countless people to join the ranks of deceiving people, at the same time, they have also become deceptive, forming a strange circle of deformities. They were deceived by organizers and leaders, not only suffered personal and property losses, but also brought great impact and destruction to social and economic order. The legislative origin of the crime of pyramid selling in our country first came from the State Council's "notice of the State Council prohibiting pyramid selling activities" in 1998, and the 13 years' judicial interpretation of the word "Gongtong", which is based on the Supreme Law. The opinions issued by the Supreme Procuratorate and the Ministry of Public Security on the application of the law in handling cases of organizing and leading pyramid selling activities have gone through more than a decade of continuous exploration and development. Although the 13 years' opinions on the applicable Law of Organization leading MLM activities are judicial interpretations, it further clarifies the legal application of the crime of organizing and leading MLM activities, which is an important supplement to Article 224 of the Criminal Law. There are still some problems in the definition and classification of pyramid selling crime in our country, such as unclear definition and general subject stipulation. This paper starts with the legislative process of pyramid selling crime in our country. This paper studies and analyzes the definition and classification of pyramid selling crime in China, studies and analyzes the criminal constitution of pyramid selling crime in China, and explores and analyzes the problems existing in the legislation of pyramid selling crime in our country. Combining with the judicial practice and social questionnaire in our country, the author draws lessons from the relevant provisions of the legislation of pyramid selling crime in some East Asian countries, finally defines the legislation of the pyramid selling crime in our country, and refines the subject of the crime in the constitution of the crime. And put forward objective and systematic suggestions on penalty allocation.
【學(xué)位授予單位】：延邊大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：D924.3
【參考文獻(xiàn)】
相關(guān)期刊論文 前1條
1 賈宇;;論組織、領(lǐng)導(dǎo)傳銷活動(dòng)罪[J];人民檢察;2010年05期
，本文編號(hào)：2263105
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