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The difference between pyramid selling and smoking ban
Legal analysis: According to the relevant provisions of Chinese laws, illegal absorption of public deposits includes illegal absorption and disguised absorption of public deposits. The former refers to those who are not qualified to absorb public deposits, while the latter refers to those who are qualified to absorb public deposits but illegally absorb them, the object of which is the national financial management order. As mentioned above, the infringing object involved in MLM activities is to disturb the market economic order, but in fact, due to the diversity of its behavior and management mode, it also infringes on more and more extensive objects, so from this perspective, it is more harmful. Judging from the objective behavior of the two crimes, although the object of the crime of organizing and leading pyramid selling activities is the property owned by the victims, objectively, it is more to adopt the way of "brainwashing", develop more victims to join this organization, and constantly develop offline and expand the scale of this organization, so as to improve their own level and get more kickbacks. In addition, subjectively speaking, illegal absorption of public deposits is not aimed at illegal possession of deposits, but mainly seeks benefits by absorbing idle funds and lending them to others, which is obviously different from the crime of fund-raising fraud, organizing and leading pyramid schemes.

Legal basis: Article 176 of the Criminal Law of People's Republic of China (PRC), whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs and actively returns the stolen goods before bringing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment.

Article 224-1 of the Criminal Law of People's Republic of China (PRC) organizes and leads pyramid selling activities in the name of selling goods and providing services, requiring participants to obtain the qualification to join by paying fees or purchasing goods and services, forming a hierarchy in a certain order, directly or indirectly taking the number of people who have developed as the basis for reward or rebate, inducing or coercing participants to continue to develop others to participate, defrauding property and disrupting economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.