2016-04-27 16:45
Why the direct marketing laws and regulations are not included in the legislative plan of the State Council?
Direct reporting network (reporter Xiao Xiao) March 17th, the State Council issued the "notice on the issuance of the State Council in 2016 legislative work plan" (hereinafter referred to as the "notice"). "Straight thing" (micro channel ID:cndsn-zxbdw) carefully read the "notice", found "direct management Ordinance", "Regulations on Prohibition of pyramid selling" modify not included in the 2016 the state council legislative work plan, the industry hopes to modify the requirements of direct selling regulations may achieve in this year can not be.
Why the direct selling regulations revision is not included in the legislative work plan of the State Council? With this issue, the straight thing (WeChat ID:cndsn-zxbdw) interview with the Chinese Academy of direct marketing expert committee expert Ouyang Wenzhang.
Ouyang the first interpretation of the guiding ideology of the State Council issued the 2016 legislative work plan. He believes that the State Council issued this year's legislative work program, we want to go from the national macro level analysis. 2016 is a comprehensive well-off society built the decisive stage at the beginning of the year, but also to promote structural reforms crucial year. Therefore, the "Circular" pointed out that the State Council promulgated this year's legislative work plan, the total guiding ideology is comprehensively implement the party's eighteen and the eighth session of the third and fourth, the Fifth Plenary Session of the spirit, to coordination to promote "the new requirements of the four overall strategic layout, strong tree independent innovation, coordination, green, open, sharing the development concept, strengthen legislation in key areas, providing legal guarantee for the 45 period of economic and social development got off to a good start. The Ouyang said, understanding of the guiding ideology, in order to enable us to from the importance of the legislation this year work plan for the implementation of the overall perspective to understand. At present, there are some laws and regulations has not been able to adapt to promote the central "four overall" strategic layout of the new requirements, not to repeal or modify a will affect or hinder the comprehensive implementation party 18 and the eighth session of the third and fourth, the Fifth Plenary Session of the spirit, "45" period of economic and social development of the strategic objectives will be difficult to achieve.
Direct modification of laws and regulations is the industry's collective requirements, why this is not included in the legislation plan of the State Council on 2016?" Ouyang from the following three aspects: "tell straight thing" (WeChat ID:cndsn-zxbdw) reporter:
First, legislation to serve the needs of comprehensive reform. Ouyang article said, "notice" pointed out that to adhere to the rule of law to promote reform, improve the rule of law in the reform, so that major reforms in the legal basis, the legislative initiative to adapt to the reform and economic and social development needs. To prevent to borrow the name of reform through legislation for the unit and the system power expansion or prevarication; prevent legislation to become the "care" and "concessions" policy of depression; prevent because of legislation in the insignificance of the impact of the reform process; to prevent legislation for the future reform "buried nails", "keep the tail". Legislation should thoroughly understand and grasp grasp the spirit of reform, reform program for the Party Central Committee, the State Council has made it clear to through the formulation, amendment and abolishment, interpretation, authorized, in a variety of ways as soon as possible to complete the task of legislation, to provide legal guarantee for the smooth implementation of the reform; to reform is still deeply, legislation to set aside space for the reform, as a pilot, explore the experience left the road; in a timely manner to the rise of the successful experience of the reform and effective measures to the laws and regulations. Currently, direct marketing regulations, although there is not perfect place, but the direct marketing industry is not very healthy development, especially in some direct marketing companies affected by the impact of marketing thinking is very deep, frequent violations or involving. Therefore, the direct selling regulations if you want to modify must have the above requirements, so in my personal understanding, in accordance with the legislative service comprehensive reform will require. At present, the amendment the basic conditions of direct selling regulations is not mature enough.
Secondly, it should help to further improve the quality of government legislation. "Circular" pointed out that to further improve the quality of government legislation, is "to improve government legislative proposal, draft, demonstration, coordination, review mechanism, enhance government legislation of timeliness, system, pertinence and validity." Ouyang article on the "straight" (WeChat ID:cndsn-zxbdw) reporter said that since last year, the State Administration for Industry and Commerce and the Ministry of Commerce on the implementation of direct sales regulations made a number of research, and held a number of seminars. That is to say, the modification of the direct selling regulations has been placed on the agenda of the two departments. But "why do you want to modify", "modify what" and "how to modify the three big problems between these two departments do not have to sit down together to discuss, at present the modification of direct selling regulations only in the stage of investigation and research, so if in a hurry to modify, direct selling legislation quality will be affected. From my personal observation, direct selling legislation is currently in the stage of the project, not to the drafting stage, but not to the certification, coordination, consideration of the stage. Therefore, in order to further improve the quality of government legislation, the State Council can not be included in the direct selling legislation in 2016 legislative work plan.
Finally, the relevant departments have not yet been submitted to the direct examination of the legislative project. Ouyang article on "straight thing" (micro channel ID:cndsn-zxbdw) reporters, according to the "notice" requirement, according to the new situation and new tasks, need to legislative work plan for the adjustment, the relevant departments to report to the State Council for approval in advance. The drafting department shall take the initiative to communicate with the Legislative Affairs Office of the State Council before it is submitted to the State Council for examination and approval. Has been submitted to the State Council for examination and approval, if the provisions of the management system and major changes in the system, the drafting department in accordance with the new situation and new problems to the original manuscript to be revised to report. Not included in the legislative work of the project, the drafting department should fully study and argumentation, not with the State Council Legislative Affairs Office of communication and consultation, do not submit their own draft. Is not mature for formulating the basic conditions of laws and regulations, the relevant departments to send review the provisions of the main system there is a big controversy, the drafting department and relevant departments of the consultation of, the State Council Legislative Affairs Office can be manuscript returned to the drafting department to study. My observation, direct marketing laws and regulations to amend the terms, Administration for Industry and Commerce and the Ministry of Commerce has not reported direct selling legislation project manuscript, is still in the project stage of the communication and the State Council Legislative Affairs Office, so in 2016, the state council legislative work plan course, there will be no direct legislation project the.
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