2019-01-25 16:24
Hualin was cited by netizens to focus on the chaos of health care products in the direct selling industry.
Case analysis
Lyric Analyst Huo Jingying
[Direct Report Network Beijing January 25th] (Xinhuanet) According to reports, on the afternoon of January 11, Hebei Hualin Acid and Alkali Biotechnology Co., Ltd. (referred to as "Hualin") in the venue of Shangqiu, Henan, has been local The relevant departments seized the law enforcement officers of the Xiangyang Branch of the Shangqiu Administration for Industry and Commerce, saying that they are collecting clues and will be punished according to law once they are suspected of pyramid schemes. Then, on the afternoon of January 13, according to the notification of Hebei Chenzhou City, Huanghua City has formed a joint investigation team to station in Hualin Company. On January 15th, according to the news released by @沧州, after the joint investigation team entered the Hualin Company, after intense work, it was initially found that the company was suspected of organizing and leading MLM activities. At present, the main person in charge of the company and related personnel have been controlled by the police.
Hualin was cited by netizens to focus on the chaos of health care products in the direct selling industry.
The Quanjian and Hualin incidents continued to ferment, and the "bundling" between direct sales and pyramid schemes once again entered the public's field of vision. Netizens have reflected the illegal activities of enterprises and affirmed the investigation and punishment of relevant departments. Netizens "small step parents" said that Hualin's acid and alkali are not harmful. As an entrepreneur, it is really worth the money, lost the network, and lost hope. A three-productless instrument has become an artifact of all diseases. I hope relevant departments will give the people a truth! Avoid more people being deceived.
The netizen "Hao Ran 2:36" said that if the direct sales of the scorpion, but doing the pyramid scheme, it is the unspoken rules of the current industry. Then, the fall of Quan Jian is like the downsizing of dominoes, which opened the beginning of the chaos of the entire Chinese direct selling industry. In the most prominent position of the official website, Hualin publicly publicized: "Promoting the concept of acid-base balance health" is to "promote the Chinese nation's therapeutic culture", not only to be a fool of consumers, but also to the Chinese national diet culture. Great insult.
Netizens "wanyan friends" said that direct selling companies encountered pyramid scheme disputes, which shows that the eyes of the masses are sharp. In fact, the public has long complained about the "suspected pyramid schemes" of direct selling companies. After Quan Jian and Hua Lin "played the fire and self-immolation", they immediately ignited the public anger and public anger.
From the action deployment of the relevant departments, the public opinion saw the determination of the relevant departments to rectify the chaos in the direct marketing market of health care products, and also saw the efforts of the relevant departments to fundamentally and long-term. The "Internet Wonderful Information" of Baijiahao said that the harm of pyramid schemes to the country and society has been gradually expanded. In the face of pyramid schemes, the state will never be soft, no matter what position you are in, and what role it plays in social life. As soon as it is verified, it will be processed immediately. Therefore, I feel that the country has started to deal with pyramid schemes from the enterprise, and this direction is very correct. With the continuous support of the state for innovative companies, the establishment of a company has become simple, and this opportunity has also been used by some lawless elements. Therefore, starting a review from the enterprise can not only enable the company's support policies to be implemented, but also make the business environment more clean.
The lack of supervision is an important reason for the frequent occurrence of chaos in the direct selling industry of health care products.
Public opinion believes that pyramid schemes and direct sales do have blurred boundaries. Once the direct selling company plays the edge and is good at avoiding risks, this ambiguity can be more utilized. The supervision method of the relevant departments to "close one eye and one eye" is also the deep root cause of the chaos of power companies such as Quan Jian and Hua Lin.
The Beijing News commented that it can be seen from the Hualin development path that Hualin Company has successively obtained domestic health food licenses, production food licenses and direct sales licenses. As for its constant punishment, it is not so much a punishment, it is better to say that it is a "stipulation of punishment". This may also reflect the contradictory mentality in some places: I hope to quickly cultivate a group of local enterprises, and the mode of operation of these enterprises is gray or even black. Therefore, for direct-selling companies, as long as they do not make a big deal, they are often reluctant to intervene. The problem is that if some localities and departments always raise their own abilities and do not make big mistakes, it is inevitable that they will miss the opportunity of governance, which will inevitably lead to the deterioration of the situation and ultimately to their own image.
CCTV commented that it must be said that the relevant departments have not upgraded their regulatory concepts and means because of the new changes in pyramid schemes; they have to admit that there are also regulators and supervisors who use the backwardness and blurring of regulatory measures. It is an umbrella for pyramid schemes and pyramid schemes.
Media source Song Jinbo said that the two regulations currently based on direct selling and pyramid scheme management are of a certain era. Reflected in the specific management, direct sales management is in line with international standards, and MLM management is still in accordance with the old methods, mainly managed by the industrial and commercial departments. From the perspective of the business sector, if the industry and commerce department does not find the problem at the front end, it is difficult for the commercial department to vigorously supervise the issued licenses. From the past experience, short-term, sports-style law enforcement can not replace the long-term rule of law construction, and can not replace the more realistic regulatory system optimization. The catcher of "direct sales license" still has to be firmly locked in the institutionalized supervision.
Image source: Visual China
Public opinion calls for more measures to remedy the health care products direct marketing industry
With the further tightening of supervision by relevant departments and the improvement of the consumer rights protection system, public opinion believes that the direct selling industry will encounter a deeper crisis, so it is urgent to cure it.
Guangming Daily commented that if these direct selling companies, as industry leaders, face many misdeeds in their operations and management, it will somewhat refresh the outside world’s perception of the industry, and it means that although there are legal licenses But when it comes to the direct selling industry, a thorough cure for the bones. MLM itself is an area that is easy to accumulate contradictions. It is directly related to social stability. If there is no basic awareness of vigilance on this issue, even for direct marketing companies to break through the borders of pyramid schemes, and then lead to sensational crisis and social real events, then regret it. Not too late.
The netizen "Ma Jinyu" said that playing early and playing small is the fundamental intention to solve the problem, and it is also the fundamental appeal of the society. Therefore, for the fight against pyramid schemes, the big one must be destroyed immediately, but at the same time, the crackdown procedure needs to be pre-positioned. The minimization of the harm caused by pyramid schemes to society will be reduced to zero. To achieve such an effect, the relevant departments must implement zero tolerance for the MLM organization, not give it the opportunity to survive, and under high pressure, fundamentally eradicate the soil they breed.
Some commentators also believe that to rectify pyramid schemes, local regulatory and law enforcement agencies must also increase the illegal costs of MLM personnel and their institutions, reduce their illegal income, and ensure that their illegal costs are higher than illegal income. The article of Baijia No. "Handheld Spring City" said that the chaos of the sideline in the name of direct selling should be completely ended. The role of false propaganda in it also needs to be paid attention to by daily administrative law enforcement and even criminal investigation. The current law has a step-by-step design for the punishment of false propaganda, ranging from warning fines to ordering rectification in different types of legal norms, although false advertising crimes only provide relatively limited sentences for the punishment of advertisers involved in the case. However, for the “recidivist” who is used to false propaganda, there is also a serious punishment for the fact that the administrative law enforcement level revokes the business license, which in fact imposes a capital punishment on the involved enterprises, and can fundamentally contain the false propaganda behavior of the enterprise. As for the enterprises involved in the expansion of the pyramid scheme and paving the way with false advertisements, the actual controllers and the main practitioners need to bear the main responsibility, and they must impose more restrictive market prohibition restrictions.
"Treatment must be based on this." Xinhuanet commented that in order to reconstruct a standardized, orderly, honest and prosperous health care market, it is necessary to resolutely eliminate the grass of the market chaos and to cultivate the law and system in the long run. Paving, silting, removing the roots of chaos. First, we must establish a legal system with strict access and clear boundaries, so that the market can be legally compliant; the second is to establish a "toothy and sharp" and sensitive response system to increase the illegal costs of operators and enhance the deterrent effect of supervision; It is to establish a credit system of sharing, co-governance and co-construction, to enhance information sharing and governance linkage between departments, so that those who do not talk about business ethics are truly “unintelligible”, difficult to stand on the market, difficult to cross, and difficult to steal. The fourth is to establish an investor rights maintenance system that advocates rationality, science, effective supervision, and strong rights protection. This system not only has the universalization of health care medical knowledge, the educational function of advocating scientific and rational consumption, but also has the supportive role of smooth supervision channels, mobilizing public participation, and encouraging legal rights protection.
Liu Junhai, a professor at Renmin University of China Law School, said that Quan Jian, Hua Lin and other companies were investigated, which is the first step in the management of sales behavior. In the future, the current Direct Selling Regulations and the Prohibition of Pyramid Regulations may be considered to be upgraded to the legislative level. The merger of the two regulations into one law has risen from administrative regulations to legal aspects. In addition, it is about the regulatory duties of the regulatory authorities, including the responsibilities of the competent commercial departments, market supervision departments, and public security organs, to truly create a cross-market, cross-regional, cross-sectoral and seamless inter-industry seamless integration, and organically link to the supervision and cooperation of pyramid schemes. mechanism.
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