[Direct Report Network Beijing October 9th] (New Beijing News) China's administrative regulations for the suppression of pyramid schemes, the "Prohibition of Pyramid Regulations", was implemented on November 1, 2005, mainly for the law of traditional pyramid schemes. Institutional design, in view of the fact that there is no such social tool as WeChat at the time, this new type of pyramid scheme is not involved.

 

Recently, CCTV reported the first case of WeChat MLM in China. Chen, who claimed to be the "Asian Hypnosis Master", taught the words "Moon in the Million" and taught in Nanjing and Shanghai to teach people to use WeChat and let everyone buy these. The agency of the course, the development of new members, thereby accumulating more than 4.6 million yuan. Recently, this first case of Nanjing WeChat pyramid scheme was heard in Xuanwu Court.

 

The rapid popularity of WeChat promotes the rapid development of Weishang. The data shows that the number of employees in the micro-business has exceeded 10 million. The micro-business chaos is also superimposed on the micro-commercial phenomenon, especially the "micro-commercial marketing" is covered with "Internet +" The outerwear has brought more confusion and cast a shadow over the healthy rise of micro-business.

 

What needs to be seen is that there is still a problem of legal lag in the current "micro-commercial pyramid scheme" governance according to law. China's administrative regulations for the suppression of pyramid schemes, the Prohibition of Pyramid Regulations, were implemented on November 1, 2005, mainly for the design of legal systems for traditional pyramid schemes. In view of the fact that there is no such social tool as WeChat at the time, A new type of pyramid scheme is not involved. This has brought certain restrictions to the industry and commerce, public security and other departments to crack down on "micro business pyramid schemes."

 

From the perspective of forensics, "micro-commercial marketing" only occurs in the cyber virtual society of acquaintances. It is more extensive and interactive than traditional pyramid schemes. It is more invisible than other cyber crimes. This determines the departments of industry and commerce, public security and other departments. Law enforcement forensics is more difficult than traditional pyramid schemes. Law enforcement and handling cases pay attention to "fact-based, based on the law", the difficulty of obtaining evidence and even the inability to obtain evidence for some acts, it is bound to allow some lawless elements to be punished and even escape punishment.

 

Judging from the investigation measures, the "Prohibition of Pyramid Regulations" stipulates eight kinds of investigation and punishment measures, but many measures cannot be applied to "micro business pyramid schemes", such as ordering to stop related activities, and seizing business premises suspected of pyramid schemes. In view of the convenience of WeChat account application, Even if the WeChat account suspected of engaging in pyramid schemes is blocked, it can re-apply for an account to continue to implement related activities. Not only that, but also for the "micro-business marketing" law enforcement procedures, legal responsibilities and other aspects need to be further refined and clear, to provide clear guidelines for law enforcement and implementation of supervision.

 

Micro-business is not guilty, and MLM has a bad reputation. “Micro-Commerce Marketing” is a “blood-sucking insect” that is parasitic on the micro-commercial body. MLM management must keep up with the pace of the times, see new trends in pyramid schemes, speed up the improvement of relevant laws and regulations, and open the right time for “micro-commercial marketing”. The rule of law medicine. However, there are strict procedures for revising and perfecting relevant laws and regulations. It is impossible to do so overnight. In the face of the increasingly severe “micro-business pyramid schemes”, law enforcement agencies need to use the existing rule of law to do a good job in combating governance. We need WeChat service providers to strengthen industry self-discipline. Strengthening the control of information transmission, it also requires large-scale e-commerce to optimize the layout of the micro-business platform, and multi-faceted efforts to effectively guide the development of micro-business to normalization and orderly development.