组织、领导传销活动罪若干实务问题研究

Discussion on Number of Practical Problems about the Crime of Organization and Leading Pyramid Selling Activity

《刑法修正案(七)》(以下称《修正案(七)》)规定了"组织、领导传销活动罪"。该罪名自颁布实施两年多以来,理论界与实务界对该罪的理解见仁见智,导致适用的不统一。该罪的犯罪构成、此罪与彼罪的联系与区别、共同犯罪如何认定等问题都亟待在司法实践中予以明确,以利于刑法规范作用的有效发挥,保障法律适用的统一性。

The Seventh Amendment of Criminal Law（ it called the seventh amendment infra part）provides the crime of organizing or leading pyramid selling activity. During two years of this crime implementation, theorists and practi-tioners are holding different views from each other, which results in the crime being applied to non - uniform. The crime constitutes and the differences between the crime and the others, including identification of joint crime, are ur-gent to be clear in the judicial practice. Therefore, it not only brings criminal law specification into full play effectively, but also has benefit to the unity of law application.