CNDSN April 1st news [] (China business reported that Yang Xiaoping Guan Ningjuan) pyramid as a social cancer, seriously disrupt the market economic order, endanger social stability, undermine the social credit system. Shaanxi Province, Xi'an city since 2010, began a large scale of MLM organization from moving, resulting in Xi'an MLM began to spread. Although the government has intensified a crackdown on pyramid schemes, but marketing still continue despite repeated prohibitions, in Xi'an hit and incessant.

作为工商执法人员，笔者参与了多起传销案件的查处工作。根据办案过程及体会，归纳总结了西安传销的特点、产生根源及治理对策，供大家商榷和参考。

As the business of law enforcement personnel, the author involved in pyramid selling case investigation work. According to the experience and the process of handling a case, summarizes the causes and countermeasures, Xi'an characteristics of pyramid selling, discussion and reference for everyone.

西安传销的特点

Characteristics of Xi'an MLM

传销主要针对人们希望快速致富并且不需要付出太多成本的心理，大肆宣传传销的好处，甚至把传销或传销产品进行神化，想一夜暴富的人很容易被这种骗术迷惑。目前，西安市传销的主要方式有“1040工程”“西部大开发”“国家机密工程”“电子商务”“连锁经营”“资本运作”等，其主要特点如下。

Pyramid selling mainly for people want get rich quick and do not need to pay the cost too much psychological benefits of a whoop and a holler, pyramid schemes, even the deification of MLM or pyramid selling products, to night people are easy to be confused by this deception. At present, the city of Xi'an MLM main ways are the "1040 project" "western big development" of "state secrets" of project of "electronic commerce" "chain management" "capital operation", which has the following main features.

无产品拉人头式的传销。传销组织在运作时没有任何产品，主要通过购买虚拟产品，要求会员加入时交纳高额的入门费，然后通过招收新会员形成上下线关系并以直接或间接发展人员数量或销售业绩为依据计算报酬，形成拉人头式的传销。典型案例是西安云数贸公司传销案，该公司打着“国家机密工程”“原始股票”的旗号进行传销。该案被西安市工商局查处，随着其头目张某的落网，该传销组织被彻底摧毁。

Product holding head of marketing. MLM organization does not have any product in operation, mainly through the purchase of virtual product, require members to join pay high entry fee, and then by recruiting new members forming the offline relationships and to direct or indirect development personnel quantity or sales performance for the calculation of remuneration, form a pull type mlm. The typical case is Xi'an cloud the number of trade company marketing case, the company under the banner of "state secrets" project "the stock" under the banner of marketing. The case was investigated and dealt with the Xi'an City Industrial and commercial bureau, with the arrest of its leader Zhang, the pyramid selling organization was completely destroyed.

有产品谎称直销的传销。没有产品的传销由于形式单一，比较容易被人识别。随着人们警惕性的提高，有产品的传销开始多起来，他们往往以直销为幌子。目前，西安最具代表的是以销售黑茶为主的传销。传销组织打着直销及电子商务的旗号从事传销活动，其高额的入门费和下线加入提成是典型的传销模式。

A product that's direct marketing. No product of MLM due to form a single, relatively easy to be identified. As people improve vigilance, have product of MLM begins to rise more, they tend to direct the guise. At present, Xi'an is the most representative of the sales of tea based pyramid. MLM organizations under the banner of direct marketing and e-commerce banner to engage in direct selling activities, its high entry fee and line joining the Commission is a typical marketing mode.

传销产生的根源

The root of MLM produced

传销之所以屡禁不绝，是它的游戏规则迎合了少数人不劳而获 、一夜暴富的心理。传销组织者通过洗脑策略，让人不惜血本交纳高额的入门费或认购高价商品，通过发展下线，就可以坐享下线的成果。这种财富倍增的谎言让很多人梦想天上掉馅饼，导致价值观扭曲。

The reason that the MLM lvjinbujue, it is the rules of the game to cater to a few people reap without sowing, overnight psychology. MLM organizer through brainwashing strategy, let people spare no effort to pay high entry fee or subscription price of goods, through the development of offline, you can sit back and enjoy the fruits of line. This wealth multiplies lies let many people dream of heaven fell pie, resulting in the distortion of value.

受尊敬的感觉导致传销人员心理畸形。传销人员的构成以社会底层者居多。加入传销组织后，成员相互间均以老总相称，平时相处“友爱互助”。突然而来的“尊敬”导致传销人员心理畸形，从而越陷越深无法自拔。

MLM lead personnel psychological abnormality respected feeling. Constitute a pyramid retail personnel to the bottom of society are. Join MLM organizations, members are Mister match, usually get along with "love and help each other". Sudden "respect" MLM lead personnel psychological abnormality, which bogged down and unable to extricate themselves.

违法成本低导致传销泛滥。西安的传销均以家庭为单位，租用民居作为传销场所，一个场所3人至5人，所需房租均摊，花费很少。新人听课时，通过洗脑，让其深信不疑传销能挣大钱，且参与传销人员的违法成本低于实体店经营成本。所以，房租廉价、参与成本低和处罚力度小是传销滋生并屡打不绝的重要原因。

Low cost illegal MLM lead flood. Xi'an pyramid selling are in the family as a unit, renting houses as MLM place, a place of 3 people to 5 people, equally required rent, costs less. The new class, through brainwashing, let them believe firmly the MLM can earn a lot of money, the illegal cost and participate in pyramid retail personnel below the store operation cost. So, cheap rent, participate in low cost and punishment is an important cause of pyramid breeding and repeatedly playing without a break.

治理传销的对策

The countermeasure of MLM

打击传销事关社会稳定和经济发展大局，非一日之功，也非工商部门一己之事。要清除传销这一顽症，政府和各职能部门要各司其职，并做好如下几点：

The fight against pyramid schemes is related to social stability and economic development, non day, nor the Department of industry and Commerce private affair. To remove the pyramid selling the stubborn disease, the government and various functional departments to carry out their duties, and do the following:

建立政府领导和公安、工商配合的打传机制。现行的打传机制是以工商和公安为主联合打击，而实际上却一直是工商部门牵头在做。工商部门受职能和手段所限，不可能达到有效的治理效果。再者，现行打传机制缺乏明确的职责定位，导致各部门之间互相推诿和行政不作为。为此，亟须建立以政府领导，公安、工商配合的打传机制，各级政府对本地打击传销工作负总责，实行多部门联动，全市一盘棋。政府对查处传销工作中的重大问题及时予以协调解决，并设立打传专项经费，对举报及办案有功人员予以奖励，提高办案人员和群防群治的积极性，从根源上铲除传销生存土壤。

The establishment of government leaders and public security, industry and commerce with the transmission mechanism. The current transmission mechanism is mainly to industry and Commerce and the public security joint strike, but in fact has been the business sector to take the lead in doing. Industry and commerce departments by functions and means are limited, can not achieve the effective governance effect. Furthermore, the current transmission mechanism lacks responsibilities clear positioning, resulting in between departments mutually making excuses and administrative omission. Therefore, it is urgent to establish to the leadership of the government, public security, industry and commerce with the transmission mechanism, the governments at all levels to combat pyramid schemes work responsibility to the local, the implementation of multi sectoral linkage, a move the city. On major issues in the work of the government of the multi-level marketing in a timely coordinate and solve, and set up the transmission of special funds, to report and handle a case personnel reward meritorious, improve the enthusiasm of the case handling personnel and mass, from the root of the eradication of MLM survival soil.

适时修改相关法律法规，降低办案风险。《禁止传销条例》对组织、介绍和参加传销以及为传销行为提供经营场所都有很明确的处罚规定，但基层在查办传销案中，却很难一一做到。为此，建议适时修改相关法律法规和条例。一是修改《禁止传销条例》第二十六条，对为传销行为提供经营场所经告知后仍不改正的可以处罚，并将处罚额度下调。二是明确司法解释中案件移交的“三级以上且人数超过30人”这一立案追诉标准。

To revise the relevant laws and regulations, reduce the handling risk. "The prohibition of marketing regulations" have a very clear penalties for organization, to introduce and to participate in pyramid schemes and provide premises for pyramid selling, but the base on investigating marketing case, but it is very difficult to achieve one one. Therefore, suggest that we should revise the relevant laws and regulations. One is to amend the "Regulations on Prohibition of pyramid selling" twenty-sixth, to provide premises after informed is not correct as pyramid schemes can be punished, and the penalty down. Two is a clear judicial interpretation transfer cases "above grade three and more than 30 people" this filed for investigation and prosecution standard.

Intensify the crackdown, the total elimination of the soil to survive. To transmission action upgrades for the government behavior, the establishment of government led transmission pattern. The public security departments to fully play the role of the main force, found together to fight together against the pyramid selling; industry and commerce departments to intensify supervision of the market behavior, not to the MLM survival soil. In the case of investigating the way, to overcome the existing investigation means, multi-directional collects the MLM evidence to the MLM organizations severely punished. *

（原标题：西安打击传销产生根源及治理对策思考）

(original title: Xi'an blow MLM causes and Countermeasures thinking)

责任编辑：小申

Editor: small Shen