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 CNDSN August 3rd hearing (Ouyang Wenzhang / author), direct management regulations, the prohibition of pyramid schemes has been implemented for ten years. Profound understanding of the historical role of direct selling regulations, we perfect the direct sales regulations, to further establish and improve the laws and regulations system, and continuously promote the healthy development of the direct selling industry, has a very important significance.
The historical role of direct selling regulations is mainly reflected in the following aspects:
Firstly, the market economy status of direct selling industry is established in the form of laws and regulations.
Direct selling is an exotic. 90 years after the last century into our country, the market economy status of the direct selling industry is very fragile, coupled with the impact of Pyramid MLM, direct sales industry development is very difficult, once the government has been halted.
Direct selling as a non fixed place of the sale, if there is no legal protection, it is impossible to have a real market economy status. To this end, the government has made such a commitment to join the WTO in our country: the non fixed place of the wholesale or retail services, in 3 years after joining the world trade organization, the market access restrictions and national treatment limitations, and the world trade organization members to negotiate and set up regulations on non fixed locations. In fact, the government of our country has already started to work actively to realize this commitment. In September 10, 2003 and September 10, 2004, the two time Xiamen direct sales legislation in the formal establishment of internal and external, fair competition and common development approach. At the same time, the legislative workers to study abroad and learn from other countries, direct experience in direct sales legislation. All of this, is to achieve China's accession to the WTO to make the commitment to direct the 3 years of direct sales.
In September 2005 as the watershed, the direct management regulations, the prohibition of pyramid schemes promulgated and implemented, marking the market economy status of the direct selling industry in the form of laws and regulations to be established, the marketing model is truly recognized by the government and the community, the whole direct marketing industry has ushered in the development of the spring. Since 2006, many companies have submitted applications to the Ministry of Commerce for direct selling business licenses. So far, our country has 63 enterprises to obtain direct selling business license. The direct selling industry in sales a year at a rate of more than 25% increments, direct selling especially in the global financial crisis after the outbreak of the industry "thriving, and made an important contribution to the economic development of our country.
Secondly, the direct selling industry has realized the important turning point from the disorder to the standard development.
Before the introduction of direct selling regulations, China's direct selling industry cohabitation and disorder, especially the MLM rampant, seriously interfere with the economic development, undermines the social stability. The promulgation of the direct selling regulations, the state of the suppression of the chaos and disorder of the direct selling industry in our country, has the compulsory function of adjusting and regulating. Practice has proved that the "direct management Ordinance", "Prohibition of pyramid schemes" after ten years of effective implementation, the direct marketing industry has realized from the chaos and disorder to the development of an important turning point.
For ten years, China has achieved remarkable results in the fight against pyramid selling and direct selling. National industry and commerce authorities closely around the requirements of the construction of socialist harmonious society and building a well-off society in an all-round way in general, seriously and earnestly perform their statutory duties to combat pyramid schemes, unified national leadership, responsibility taken by the local government, departments provide guidance and coordination, each joint action against pyramid schemes industry and trade framework basically formed, combining crackdown, treating the symptoms and other combat pyramid principle to obtain the effective implementation, large-scale, open the marketing activities are effectively curbed, whole society to resist the MLM growing awareness, public recognition and prevention marketing ability has improved significantly. At the same time, industrial and commercial authorities at all levels combined with practical work, continue to explore and innovative direct regulation method, through the establishment of direct marketing management archives, to carry out direct selling market inspection, implement grid regulation and enterprise credit classification supervision mode, grasp the recruitment of marketing, training, payment, returns and other key sectors, will direct marketing enterprises, direct sales and direct sales activities included in the direct regulation. Industrial and commercial authorities at all levels through the convening of the forum of direct selling enterprises, daily visiting appointments, to establish liaison system, in a variety of ways, of enterprises timely reminder, warning, urge enterprises to self-examination and self correction, rectification within a prescribed time limit. Organization, direct marketing companies to sign a self regulatory or self regulatory commitment to enhance the legal awareness, adhere to the law, to achieve strict self-discipline. At present, the development of China's direct selling industry has been a fundamental improvement in the degree of standardization.
Third, to establish and perfect the system of direct selling legal system to lay a good foundation.
At present, the "direct sales management Ordinance", "the prohibition of pyramid schemes" is the main legal document of the standard direct selling industry and its activities in our country. Ten years, China's direct selling legal system construction although opened a good start, but there are some places need further improvement. The historical role of direct selling regulations is to lay a good foundation for the establishment of a sound legal system of direct selling in China.
Ten years, the implementation of the direct selling regulations supporting policies have been introduced, the system of direct sales laws and regulations are moving forward. However, the present situation of the development of the direct marketing industry is not the same as ten years ago, the current situation of the development of the direct marketing industry urgently requires the establishment of a sound legal and regulatory system. The government should carry out "look back", and seriously reason out the direct selling regulations which have not adapted to the development of the direct selling industry. At present, direct selling enterprises reflect the most problem is multi-level direct selling release, dismantling the barriers of regional sales and to expand the range of products such as, the government should after careful investigation according to the actual development of the direct selling industry, the direct selling regulations make necessary improvement. At the same time, in law enforcement should pay more attention to the scientific nature, improve the law enforcement standards, and create a fair and impartial law enforcement environment. In fact, there are many problems in the direct supervision of the problem, especially in a small number of local fishing law enforcement, interfere with the accurate implementation of direct selling regulations. The government should introduce the rules and regulations of the supervision of direct selling culture, to prevent the occurrence of corruption in law enforcement. These work. The government should not only included in the agenda, more important is to concentrate the necessary strength, brainstorming, collaborative work, to accelerate the establishment of a sound process of direct system of laws and regulations, to ensure that the future development of the direct selling industry more standardized, more healthy. 3
(the author is expert of the expert committee of the Chinese market society).
Editor: small Shen
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