[straight news network Beijing on June 2 hearing] (Guangming) "itself has the flaw of the direct selling regulations implementation nearly 11 years, without any change, make China's direct selling industry have been struggling in the whirlpool of grey and modify" direct management Ordinance "has been urgent." Recently, Hunan Province direct sales and store sales Association executive vice president and Secretary General Shi Xinmin when accepting a reporter to interview said 2005 promulgation implementation of the "direct management Ordinance", has been used for 11 years. Direct marketing has experienced a period of chaos to the rule of history, direct sales industry has entered a promising development of the road, but the road is increasingly prominent obstacles, still bring people in the industry many confusion and anxiety.

Shi Xinmin introduced, "direct marketing management regulations" and "Prohibition of marketing management regulations" promulgated and implemented, for regulating the direct marketing of our country has played a certain role. In a certain period of time, the development of direct selling industry to the "catalyst", but in the "new normal" supply side reforms, the regulation of "vulnerability" more "highlights" is no longer to adapt to the current economic environment, direct marketing encountered a difficult to break through the "bottleneck" in the development of China.

According to the "direct management Ordinance," the provisions of Article 7 and Article 29, apply to become a direct selling enterprise paid registered capital of not less than RMB 80 million, and to pay at least 20 million yuan deposit in the bank designated. Therefore, to become the approval of the government of the direct selling enterprises must have to billion for the unit of the wealth. In the face of such high barriers to entry, many companies can only be discouraged. For China's enterprises, Shen card also need not only so, still need to find the man in the middle "hard", the intermediary to collect fees not is small number, hidden in behind the corruption is self-evident.

Our current law allows only single level direct selling mode, multi-level payment belong to pyramid. According to the "China direct sales industry development report II," said the global direct selling enterprises 100, 67% of enterprises using multi-level direct sales model, 8% mixed model direct sales model, to take a single level of direct sales model is only 7%. These three models on the list of Companies in 2010 the total performance, multi-level direct sales model enterprises accounted for 63.35%, mixed mode direct mode of enterprise 25.98%, a single level direct sales model enterprises accounted for only 3.67%. According to industry reflected in the Chinese mainland market, the real take a single level of direct marketing is only a very individual enterprises.

The regulations of the 38 to 52, all of which is to say, "how fine". "To punish escrow" problem is very obvious.

"In this case, the Chinese direct selling industry is difficult to healthy development." Shi Xinmin said that the regulations not only limit the direct sales model, but also limits the scope of the power of each enterprise". In accordance with the "direct marketing management regulations," the tenth provisions, only approved areas in order to carry out direct sales activities. This provision, the human limit the circulation of goods.

Regulations in the standardization of the direct selling industry development at the same time, actually also to suppress direct the entire chain, the "three rural" exclusion in is "unfair" to the Chinese farmers, is not conducive to the development of modern agriculture in China. Because direct marketing companies in addition to access, channel level is firmly restricted, and its direct selling products have failed to break through in this limit. Was published on 2 November 2005 the direct product range notice "provisions of the direct product limited to: cosmetics (including personal care products, beauty salon products); health food (to obtain relevant departments issued a" health food approval certificate "); cleaning activities (personal health and quality of life in cleaning supplies); health care equipment; small kitchen. The reality is that 7 years ago, the standard has not been able to adapt to the development of the market, a lot of direct selling companies have long been out of this red line.

Due to the regulations and the direct selling industry runs counter to the reality, so engaged in direct selling enterprises to survive, to develop, will have to play edge ball, had to cross the red line, so a lot of law enforcement, such as industry and commerce, public security departments at any time can penalize for direct selling enterprises, so China's direct selling enterprises entered the business - punishment - Business - to punish the cycle, while this process produces high "refractory" fees become support the source of corruption in the chain.

Xin Min Shi believes that there is no objective interpretation of quantitative criteria, resulting in the ambiguity of the law itself, the ambiguous "discretionary right" for the enterprise opened a special window, for law enforcement provides rent-seeking evil sword. Even if the legal basis is clear, the regulatory authorities still have the law enforcement behavior, eyes closed one eye. And the law enforcement actions are based on the evaluation of their own interests.

According to incomplete statistics, the country engaged in multi-level direct selling enterprises in more than 2000, because of the scarcity of licence, a considerable proportion of the enterprises had to underground operation. After that, when regulators face a piece of gray vast illegal direct selling activities, would be helpless, helpless. In the end, it will not be fair and just to apply strict legislation.

Generally speaking, no brand 'direct selling' business to the government of the relevant departments of the public relations costs are particularly high." It is understood, unlicensed "direct" enterprise of law enforcement of public relations is to seek the industry and commerce, public security departments magnanimous, and "above" some people get the benefits of public relations, eyes closed one eye, no one to report live in peace, reported the understatement to respond.

Even with a brand enterprises, there are also problems for law enforcement,