The Direct Selling Legal Relation And Its Civil Liability

Direct selling has been emerged in China since 1990, it went through the flourishing period, confusing period, and prohibiting period. Now, for the promises of opening the distribution service trade market to the outside world which was made in the negotiation of China entered the WTO, the direct selling was back to our daily economic life. Not long ago, our government enacted the Direct Selling Supervise Regulations. Then, we cannot help thinking: what is direct selling? Who is granted to the direct selling? What legal relation is included in direct selling? In this legal relation, what are the rights and duties between the civil subjects? When the disputes happen, how to settle the civil liability between the subjects?With these questions, this thesis attempt to read or interpret the direct selling legal relation in existing law from a unique perspective of civil law. This article consists three chapters as follow:First chapter is the theory of subject. In this chapter it defines the direct selling and resolve the problem of qualifications of civil subject. The first segment will define the notion of direct selling according to the aspect of market channel theory, and distinguish it essentially with several similar terms, especially the term pyramid selling . After that we got a whole picture of direct selling, it discusses every subject problem individually. Especially, the qualification study of the direct selling enterprise and the direct seller is the high points. All above is for the next step which dips into the law quality of the act in direct selling.Second chapter is the theory of direct selling act. In this chapter it analyzes the legal relation between subjects which is concerned in the direct selling contact. On the basis of that, in order to corroborate the statement, it uses great length to compare the direct selling contract with other named contract about the rights and duties. Such like labor contract, articles of co-partnership, franchising contract, agency contract, contract of brokerage, and contract of commission agency.The last chapter is the theory of methods of bearing civil liability in direct selling. Above all, it sorts out the all the characteristic rights and duties in direct selling. Follow the legislative spirit, starting with the legal relation between the subjects; it resolves the duty of Cooling off Period, the liability for torts, liability for negligence in contracting, liability for breach of contract. After that, it introduced the margin requirement system.Read through the whole thesis, the reader will get a whole view of the direct selling in the civil area. Some segments may made them to thought about the existing legislation.