刑法修正案（七）“组织、领导传销罪”的解读

非法传销活动是我国改革开放后市场经济活动尚未完全纳入法律调控时期出现的一种经济失范现象，并随着我国经济发展的速度和规模愈演愈烈，已经严重影响到经济和社会的稳定，为此刑法修正案（七）增补组织、领导传销活动罪这一新的罪名。然而，正是因为两级最高司法机关曾经的司法文件对该种行为有截然相左的意见，所以在刑法修正案（七）明确了该种行为的罪名。那么如何正确适用法律的规定，不仅仅是司法问题，更有必要在理论上对其进行必要的解读。

Explanation to Crime of Organization and Leadership of Pyramid Sales of the Seventh Amendment to Criminal Law

The pyramid sales is one of the phenomenon of economic anomie which appears during our country＇ s economic reform and social development, it has been fiercely increasing along with our country＇ s economical and society development. Now it has already seriously.affected our economical and society＇ s stability. So this kind of behavior was regulated by the seventh amendment to criminal law. However, about the pyramid sales, judicial documents released by the Supreme People＇s Court and the Supreme People＇s proeuratorate before disagreed with the regulation of the seventh amendment to criminal law, therefore how to correctly apply the regulation, is not merely the administration of justice, and it is also necessary for us to explain in theory.