【直报网4月27日讯】促进直销健康发展的政策工具箱,目前政府有没有备好尚不清楚。《直销管理条例》已实施了快十年,但由于某些条款与直销行业发展的实际有“断口”,必须要有新的政策措施进行调整。备有促进直销行业健康发展的政策工具箱,这是需要认真对待并加以解决的大事。
CNDSN April 27th report to promote the healthy development of the direct selling policy toolbox, the government has prepared is not clear. "Direct management Ordinance" has been implemented for nearly ten years, but due to the development of some of the terms of the direct selling industry and real "fracture", must want to have new policies and measures to adjust. Have to promote the healthy development of the direct selling industry policy toolbox, it is need to take seriously and solve the issue.
什么叫政策工具?简单地说,政策工具就是达成政策目标的手段。事实上,政策工具既可以界定为一种“客体”,也可以界定为一种“活动”。一方面,我们可以将工具看作为一种“客体”。例如,在法律文献中,人们往往将法律和行政命令称为工具;另一方面,工具也可以看作是活动,因而有学者将政策工具定义为“一系列的显示出相似特征的活动,其焦点是影响和治理社会过程”。本文所说要有促进直销行业健康发展的政策工具箱,主要是指“客体”性质的,同时也兼顾“活动”性质的。从《直销管理条例》实施以来,政策出台的有关促进直销健康发展的政策不是很多,还谈不上有了政策工具箱。换一句话说,就是还没有多少促进直销行业健康发展的政策储备。这是导致我国直销行业发展还不够健康的关键因素。
What is the policy tools? Simply put, the policy is to achieve policy objectives means. In fact, the policy tools can be defined as a kind of "object", also can be defined as a kind of "activities". On the one hand, we can see the object as a "tool". For example, in the legal document, the people often referred to as tools of laws and executive orders; on the other hand, can also be seen as a tool, so the policy is defined as "show similar features a series of activities, the focus is the influence and control of social process". In this paper, said to promote the healthy development of the direct selling industry policy toolbox, mainly refers to the "object" in nature, but also take into account the nature of the "activities". Since the implementation of "direct selling regulations", the relevant policies to promote the healthy development of the direct selling policies are not many, the policy toolbox on. In other words, is also not much to promote the healthy development of the direct selling industry policy reserves. This is the result of development of the direct selling industry in our country is still not the health of the key factors.
为什么要有促进直销健康发展的政策工具箱,我认为此举主要目的是为了应对直销发展中出现的非正常情况。目前我国直销发展有没有可能出现非正常情况?我以为会有,而且已经有了非正常情况出现的苗头。比如,少数直销企业在直销发展中涉嫌传销的情况还是比较严重的,但是,这些直销企业涉嫌传销的隐蔽性很强,或以电子商务作掩护,或以跨界经营来挡箭,给查处带来很大困难。如果我们具有这方面的政策储备,只要拿出来加以应对,就不会出现直销发展非正常情况,查处起来也不会遇到重重困难。所以说,要有政策工具箱的目的是为了定位调控并促进直销行业的健康发展。
Why should promote the healthy development of the direct selling policy toolbox, I think that the main purpose is to deal with the non normal development of direct selling. At present, the development of direct selling in China there is no possibility of non normal? I think there will be, but there have been signs of abnormal situation. For example, a direct selling company suspected pyramid schemes in the direct selling in the development of the situation is more serious, however, the direct selling companies suspected of MLM strong concealment, or to the electronic commerce as a cover, or cross-border operations to block arrows, has caused great difficulties to the investigation. If we have the policy reserves, as long as take out to deal with, will not appear abnormal situation of development of direct selling, and it would not be difficult. Therefore, there must be policy toolbox is designed to control and promote the healthy development of the positioning of the direct selling industry.
促进直销行业健康发展的需要哪些政策储备?这不是三言两语能说清楚的,因为政府对直销行业的管理还处在摸索阶段,虽然积累了很多经验,但并未形成一个十分成熟的管理模式。因此,政府应该在调查研究的基础上,对直销行业发展中可能出现的非正常情况预作政策储备。我建议可以从如下方面加以考虑:
To promote the healthy development of the direct selling industry needs what policy reserves? This is not in two words or three to say clearly, because of the government's management of the direct selling industry is still in the exploratory stage, although accumulated a lot of experience, but has not formed a mature management mode. Therefore, the government should be on the basis of investigation and research, the possible development of the direct selling industry in abnormal situation to make policy reserves. I suggest that you can be considered from the following aspects:
一是多层次直销放开以后可能出现的问题。多层次直销的放开是迟早的事,如果一旦放开了多层次直销,恐怕会出现许多令人意想不到的情况。政府为什么迟迟不开放多层次直销,一个很重要的原因就是担心放开后会出现传销的泛滥。这个担心不是没有道理的,因为在没有放开多层次直销之前,我国的传销活动就那么猖獗,如果真的放开了多层次直销,传销的活动肯定会更加变本加厉。因此,放开多层次直销后应对传销猖獗的情况,政府应该要有不同于现行政策的储备政策,放在政策工具箱里。这个储备政策应该包含两个方面,一个是强制性的法律保障,一个是强化打击传销的正能量氛围。虽然政府已有了这两方面的政策手段,但远不能适应放开多层次直销后的实际需要。所以,促进直销健康发展的工具箱中一定要有这方面的储备政策。
A multi-level direct sales after the release of the possible problems. Let go of the multi-level direct selling is sooner or later, if let go of the multi-level direct selling, I am afraid there will be so many beat all. Why the government did not open the multi-level direct selling, a very important reason is the fear a flood of liberalization will appear after the pyramid. This fear is not without reason, because before the release of multi-level direct selling in China, the pyramid selling activities is so rampant, if really let go of the multi-level direct selling, marketing activities will become aggravated. Therefore, let go of multi-level direct response marketing rampant, the government should be different from the existing policy reserves policy, on the policy toolbox. The reserve policy should include two aspects, one is the legal guarantee of compulsory, is a positive energy to strengthen the fight against pyramid sales atmosphere. Although the government has made the two aspects of the policy, but can not adapt to the actual needs of multi-level direct sales after the release. Therefore, to promote the healthy development of the direct selling in the toolbox to the reserve policy.
二是直销行业如何创新的问题。现在的直销行业,大家都在喊创新。特别是提出“互联网+”后,大部份直销企业在这方面有了很多创新的动作。这是值得鼓励的。但是,有的直销企业以创新为名行违规涉传之实的情况,还是存在的。对于这些问题,目前还没有很好的应对政策手段。怎么办?我建议,政府应该对此作深入调查,对以创新为名行违规涉传之实的情况,分门别类地研究应对政策,作为促进直销健康发展政策工具箱中的重要应对手段。比如,对以“互联网+”为名搞网络传销的,政府应该研订出相关的法规或政策措施,以确保“互联网+”与直销的有机结合和健康运行。
The two is how to innovate in the direct selling industry problems. The direct selling industry, everyone shouting time. Especially the "Internet +", most of the direct selling enterprises have a lot of innovation actions in this regard. This is to be encouraged. However, some direct selling companies in the name of innovation for violations involving transfer of the real situation, still exists. For these problems, there is no good policy means. How to do? I suggest that the government should make a thorough investigation, in the name of innovation for violations of, involving transfer of the real situation, be arranged to study the policy response, as the important means of dealing with health promoting direct development policy in the toolbox. For example, to engage in network marketing to "Internet +" in the name of the government should be set up, research related laws and policies and measures, to ensure that the organic combination of "Internet +" and the direct and healthy operation.
Three is the direct supervision of administration according to law problem. In recent years, the direct regulation has accumulated many successful experiences, but we can not see, a few places to punish escrow problem is very serious. Therefore, the administration according to law is very important in direct supervision. But we found that, in a few places to punish escrow problem, the government did not respond to what the policy means. "I think, as long as the pay line, do not pay attention" phenomenon, is actually a kind of chaos as the problem of corruption, should arouse our attention. The government should formulate administrative regulations direct supervision, is strictly prohibited to punish escrow phenomenon. If the promotion of the healthy development of policies and regulations, direct policy toolbox then, of a few places to punish escrow problem can then be directed to dispose of, direct supervision is to realize the true meaning of the administration according to law. "
责任编辑:婉婉
Editor: Wan Wan
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