On The Regulation Of Network Marketing

The development of modern electronic science and technology, the Internet into a modern society, the Internet is widely used in daily life and modern business, the behavior of the Internet transactions, a lot of behavior provides a great convenience, MLM organizations and members will be the Internet as an important tool, the general marketing is gradually to the network marketing development. At present, the network marketing has the characteristics of rapid development, great harm, and difficult to deal with, the administrative judicial organs to prevent and combat pyramid schemes more difficult. Since 2000, China has introduced some administrative regulations to combat pyramid schemes and the implementation of the "criminal law amendment (seven)" increase the provisions of the 224th "organization leadership, pyramid schemes crime", "criminal law amendment (nine)" provides for the use of information network to commit crimes of criminal pumshment, for the future industrial and commercial administrative departments and judicial organs to investigate and deal with network marketing provides legal support and strong protection. Through analyzing the definition, characteristics, harmfulness and legal regulation of network marketing, this paper studies the criminal law crime and criminal constitution of network pyramid schemes, and puts forward some suggestions on improving the administrative judicial system and measures.The main contents of this paper are as follows:First, the introduction of pyramid schemes and network marketing. According to the relevant provisions of our country to pyramid schemes, the definition and classification of pyramid schemes is introduced, the relationship between the general pyramid selling and the network marketing is compared.Second, this paper introduces the status quo, types and characteristics of the internet pyramid selling crime in China. Combined with the current network marketing website data survey and practice, summarizes the current situation of China’s network marketing and network marketing, the type, characteristics and the crime harm.Third, the legal regulation of network marketing in china. This paper introduces the administrative legislation and the judicial regulation on the crime of illegal pyramid selling in our country, especially about the internet pyramid selling crime.Fourth, the network pyramid schemes may be involved in the crime research. The analysis and research of network pyramid schemes may constitute the criminal code charges, such as the organization’s leadership pyramid schemes crime, illegal business crime, the crime of financial fraud.Fifth, the legislation of the network marketing system of the existence of institutional defects. According to the judicial practice, the application of the criminal procedure in the case of pyramid selling and network crime, the analysis of the network marketing investigation mode, the application of law, law enforcement and supervision of the existing problems.Sixth, improve the prevention and investigation of network marketing proposal. From the investigation countermeasures, regulatory information security, network monitoring and managing, establishing perfect prevention publicity and ideological correction system, establish and improve multi sectoral coordination mechanism, crackdown to establish long-term mechanism, improve the applicable law of seven aspects of sound advice.