我国传销犯罪的现状与对策研究

发布时间：2018-12-25 20:19

【摘要】： 自上世纪90年代以来，传销在我国逐渐盛行，现已发展为“经济邪教”，对社会安定构成严重威胁。作为一线公安民警，笔者直接参与了大量传销违法犯罪活动的打击工作，并且参加了公安部经济犯罪侦查局对全国传销犯罪活动的调查研究工作，故以传销犯罪为选题，对传销犯罪的现状进行调查并研究对策。本文共分五个部分：一、我国传销犯罪概述。概略介绍我国传销活动的由来，以及各种名义掩盖下的传销活动依靠层层向下发展“金字塔”式的人际网络，从而造成少数人暴富，多数人受骗的实质危害。二、当前我国传销活动的主要特点。因为屡遭打击、取缔，传销活动不断转变方式，名目更加繁多，渠道更加广泛，组织更加严密，成员更加复杂，手段更加恶劣，已经发展成为影响社会稳定的重大隐患。三、传销犯罪的社会危害性及愈演愈烈的原因。传销活动发展的基础是依靠出售信任资源发展下线，严重破坏人际间的诚信基础；参与者丧失伦理道德观念，引发大量刑事犯罪及治安问题，破坏社会稳定；通过从思想上蛊惑人心，从经济上引诱参与者深陷其中，呈现出“经济邪教”的特征。当前我国的市场经济体制尚不完善，大量富余劳动力急于致富；传销活动充分利用人性弱点进行蛊惑宣传和洗脑说教；立法滞后导致的打击不力等因素是造成传销活动愈演愈烈的主客观原因。四、我国打击传销活动的基本情况及难点。自1998年全国禁止传销活动以来，有关职能部门不断加大打击力度，办理了大量参与人员多、涉案范围广、社会影响大的传销犯罪案件。但是传销活动强烈的欺骗性，对传销犯罪的认识不统一，，各职能部门缺乏有效的协调配合，法律政策界定的不明确，群众对传销和直销的认识不清楚以及司法机关受破案、取证、处理、经费等“四难”因素的制约，打击传销犯罪实践面临着重重困境。五、加强“打传”工作的对策思考。直销自二战后起源于美国，很快流行于世界，有关直销的立法也在各国相继建立。借鉴国外关于直销的立法及经验，有利于我们从立法的层面上得到有益的启示。美国、欧洲国家、东南亚各国对直销以及最容易出现问题的“金字塔”销售、冷静期、访问销售等都有明确的规定和立法规制，法律的建立使直销经营者有了自律的准绳，使执法者有了打击违法直销的依据，从而起到了推邪辅正，去伪存真的作用。可以说，从刑事立法的层面上对打击传销做出明确的立法规定是打击传销的根本对策。在目前的司法实践中，各级执法部门切实履行职责，始终保持对传销犯罪的高压态势和打击力度，通过大量的宣传工作教育广大群众认清传销的危害实质等措施也是立足现实，遏制传销犯罪蔓延泛滥的对策，这也是在法律困境中的一些积极的司法实践。
[Abstract]:Since the 1990s, pyramid marketing has become a "economic cult" in China, which poses a serious threat to social stability. As a first-line public security police, the author directly participated in the crackdown on a large number of pyramid selling illegal and criminal activities, and participated in the investigation and research work of the Bureau of Economic Crime investigation of the Ministry of Public Security on the criminal activities of pyramid selling throughout the country. The present situation of pyramid selling crime is investigated and countermeasures are studied. This paper is divided into five parts: first, the overview of pyramid selling crime in China. This paper briefly introduces the origin of pyramid selling activities in our country, as well as the real harm of pyramid type interpersonal network under the cover of various names, which results in a few people becoming rich and most people being cheated. Second, the main characteristics of pyramid marketing activities in China. Because it has been repeatedly attacked, banned, and pyramid marketing activities are constantly changing their methods, the names are more numerous, the channels are more extensive, the organizations are more rigorous, the members are more complex, and the means are even worse, they have developed into a major hidden danger affecting social stability. Third, the social harmfulness of pyramid selling crime and the reason of increasing intensity. The foundation of the development of pyramid marketing activities is to rely on the sale of trust resources to develop offline, seriously destroy the interpersonal integrity foundation, the participants lose their ethical and moral concepts, cause a large number of criminal and public security problems, and undermine social stability; Through the demagoguery from the thought, seduces the participant from the economy, presents the characteristic of "economic cult". At present, the market economy system of our country is not perfect, a large number of surplus labor force is eager to get rich, pyramid selling activities make full use of the weakness of human nature to conduct propaganda and brainwash preaching; Some factors, such as ineffective legislation, are the subjective and objective reasons for the intensified pyramid selling activities. Fourth, China's basic situation and difficulties in cracking down on pyramid selling activities. Since the nationwide prohibition of pyramid selling activities in 1998, the relevant functional departments have continuously stepped up the crackdown and handled a large number of criminal cases involving a large number of participants, involving a wide range of cases and having a great social impact. However, pyramid selling activities are highly deceptive, the understanding of pyramid selling crimes is not uniform, the various functional departments lack effective coordination and coordination, the definition of laws and policies is not clear, the masses' understanding of pyramid selling and direct marketing is not clear, and the judicial organs are being solved. With the restriction of four difficult factors, such as collecting evidence, dealing with funds and so on, the practice of cracking down on pyramid selling is facing many difficulties. Fifth, strengthen the work of "hit the Biography" countermeasures. Direct selling originated in the United States after World War II and soon became popular all over the world. Drawing lessons from the legislation and experience of foreign countries on direct selling is helpful for us to get beneficial enlightenment from the level of legislation. The United States, European countries, and Southeast Asian countries have clear regulations and legislative regulations on direct sales, as well as the "pyramid" sales, the cooling-off period, and the visiting sales, which are the most prone to problems. The establishment of laws has given direct sales operators the criterion of self-discipline. So that law enforcement has the basis to crack down on illegal direct sales, thus playing the role of promoting evil, identifying false things, and retaining the real thing. It can be said that it is the fundamental countermeasure to crack down on MLM from the level of criminal legislation. In the current judicial practice, the law enforcement departments at all levels have effectively carried out their duties, have always maintained the high pressure and crackdown on pyramid selling crimes, and through a large amount of propaganda work to educate the general public to understand the harmful nature of pyramid selling, and other measures are also based on reality. The countermeasures to curb the spread of pyramid selling crime are also some positive judicial practices in the legal dilemma.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917

【引证文献】