网络“金融互助”行为的刑法规制——以“MMM金融互助社区”为例

Criminal Regulation on Network Financial Assistance Behavior

MMM金融互助社区以超高收益率为诱饵,引诱社会公众参与,并诱使参与者不断发展下线,以团队计酬的方式扩大规模。MMM金融互助社区具有网络化、隐蔽化、贪利化、团队化和扩散化等特征。因难以查明非法占有的目的,且未形成资金池,亦未承诺还本付息,对其不宜以非法吸收公众存款罪或集资诈骗罪论处。但其拉人头、团队计酬、变相交纳入门费,具有传销组织的基本特征,应对其以组织、领导传销活动罪定罪处罚。

MMM financial assistance communities lure public participation with high yields as bait, and induce participants to develop downline and expand their groups with commissions. MMM financial assistance communities are characterized by networking, concealment, corruption, team-ship, and diffusion. Because it is difficult to identify the purpose of illegal possession, and has not formed a pool of funds, nor exists debt service commitment, it is not proper to ratify the behavior as the crime of illegal deposits from the public or the crime of fraud. The behavior has the basic characteristics of illegal pyramid selling organization, due to membership fee, group commission, disguised enrollment fee, which can be ratified as crime of organizing and leading pyramid selling activities.