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“互联网+”时代的到来,使与传销活动相关的犯罪新型化,更具隐蔽性,取证难度加大,法律认定困难重重,传销犯罪处罚力度不足等问题,导致传销立法实际效用弱化。面对微信传销犯罪新问题,从成文法的滞后性,犯罪成本收益分析,借鉴域外传销立法实践经验,结合本国实际情况,建议从传销犯罪罪名修改扩大责任主体,单设网络传销罪名,强化微信服务商监管责任,明确责任承担范围。
With the advent of “Internet +” era, the criminalization related to pyramid selling activities has become more and more concealed, the difficulty of obtaining evidence, the difficulties identified by law and the inadequate punishment of pyramid schemes have led to the weakening of the actual effectiveness of pyramid schemes legislation. In the face of the new problem of WeChat MLM, this paper proposes to expand the liability main body by revising the crime charges of MLM based on the lag of written law, the cost-benefit analysis of criminal costs and the practical experience of overseas MLM legislation. Business regulatory responsibilities, a clear responsibility to cover the scope.