金融传销犯罪独立成罪初探

A Tentative Study on Listing Financial Pyramid Selling Crime as an Independent Charge

金融传销犯罪的迅猛蔓延已严重危害我国金融环境安全和社会和谐稳定,损害了政府公信力。在司法实践中,打击金融传销犯罪缺少明确的法律依据,造成各地公、检、法等部门对金融传销犯罪的案件定性、法律适用、证据规格等意见难以统一,常归于普通传销、集资诈骗、非法吸收公众存款罪等罪名下,造成定性不准确、责刑不一致、打击不力等司法困难。金融传销犯罪独立成罪应成为立法的重点之一,从罪名、情节、刑期等全方位进行法律规制,以使这类严重刑事犯罪不再游离于刑法体系之外。

The rapid spread of financial pyramid selling crime has seriously endangered China＇s financial security, social stability, and credibility of the government. In judicial practice, however, it lacks definite legal basis to fight against financial pyramid selling. Therefore, the public security organs, the procuracy and the court can not come to an agreement about crime judgement, applicable laws and evidence specification relating to financial pyramid selling which is always classified as ordinary pyramid selling, fraud, or the crime of illegal absorbing public deposits. The above factors lead to such judicial difficulties as inaccurate crime judgement, inconsistent judicial sentences, and ineffective combat. As a result, it should become one of the legislation focuses to list financial pyramid selling crime as an independent charge and legally regulate its name, plot, and the term of penalty so as to incorporate this serious criminal crime in the criminal law system.