| At the end of 2018,Quanjian Natural Medical Science and Technology Development Co.,Ltd.(hereinafter referred to as Quanjian Company),a leading domestic direct selling company,fell for an article entitled "Ten billion health empire Quanjian and Chinese families under its shadow".Followed by was a series of illegal acts suspected of pyramid schemes,false propaganda and so on.Coincidentally,the well-known foreign direct sales company Nuskin(China)Daily Health Products Co.,Ltd.(hereinafter referred to as Nuskin)was re-exposed by CCTV’s "Legal Report"column on its serious illegal direct sales on April 10,2019 behavior.These two direct selling companies,to a large extent,represent the status quo of the direct selling industry.However,it is inconceivable why these stigmatized direct selling companies can still be active in the direct selling market.Is it because of the lack of relevant laws and regulations or the failure to implement the necessary laws in the supervision process,or both?With the disclosure of all kinds of chaos in the direct selling industry,the governance of direct selling companies has once again attracted widespread attention from all walks of life.In August 2019,the General Administration of Market Supervision and the Ministry of Commerce jointly held a direct marketing supervision seminar to discuss the revision of Regulation on Direct Selling Administration and the Prohibition of pyramid schemes that have been in place for nearly 15 years.This signal released that the above two regulations will usher in major amendments in the near future.During this period,we have a re-examination of the "Regulation on Direct Selling Administration",which also has a certain practical significance.The current regulations have the following two major problems.The first is that the existing system is too strict and some standards are too idealistic and impractical.For example,the direct sales enterprise access system standards are too high,strict business areas are designated for direct sales enterprises,and they must not operate beyond the zone.This makes the embarrassing situation of"high standard legislation,general violation of law,selective enforcement" in judicial practice.Second,the existing system cannot adapt to the new situation encountered in the development process of the direct selling industry.Some lagging regulations have restricted the reasonable development needs of the direct selling industry and violated the laws of market economy development.In terms of research methods,starting from the actual development of China’s direct-sale enterprises,we take the field of law as the core,combining corporate governance,management,marketing,and other multi-disciplinary and cross-field analysis and research on the topic selection.The main content of the thesis consists of the following four parts:The first part starts from the basic theoretical problems of direct selling enterprises,analyzes the connotation of direct selling in the "Regulation on Direct Selling Administration",and elaborates the superiority of direct selling in combination with the theory of marketing.From the perspective of comparative law,the introduction of the direct selling concept of the World Federation of Direct Selling Associations,Japan,and Taiwan introduces the unreasonableness of the direct selling concept stipulated in China.Then,the concept groups related to direct marketing are distinguished and defined,such as combing concepts of single-level direct marketing,multi-level direct marketing,multi-level sales,and pyramid schemes,and analyzing and improving some existing distinguishing standards.Finally,combined with the "Direct Sales Industry Development Report" issued by the Department of Market Order of the Ministry of Commerce,we analyze the overall development of the direct sales industry in China.The second part reflects on the problems existing in the governance level of direct selling enterprises in China.This part is expanded in two dimensions.On the one hand,from the micro perspective,direct sales companies are involved at the individual level,and empirical research methods are used to analyze the main problems of direct sales companies in China during the production and operation process.They are suspected of pyramid schemes and capital operations,false propaganda and instigating wealth beyond the scope of product licenses.They are also suspected of engaging in direct selling activities and abnormally high pricing of direct selling products.On the other hand,from a macro perspective,legal regulation and government supervision are involved.They pointed out the shortcomings of the existing regulations,such as too strict access system,rigid access system,formalization of information reporting and disclosure,loopholes in the sales training and assessment system for direct sellers,and a long cooling-off period system.They also made a detailed analysis of the exit mechanism of the existing direct selling companies and the phenomenon of escrow in the law enforcement supervision.From the perspective of comparative law,the third part compares and draws lessons from the legislative models and specific legislative content of different countries or regions.At the level of substantive law,a comprehensive and detailed analysis of the "Direct Selling Law" in South Korea and the "Multi-level Direct Selling Law" in Spain was made,and the experience worthy of our country’s lessons,such as the flexible and flexible governance and supervision methods,and the basic principles of single-level direct selling,were summarized.The fourth part is to reshape the existing direct selling corporate governance system,analyze some of the higher-sounding opinions of the society,and point out the unreasonable factors.On this basis,we outline the guidelines and construct three paths.It is necessary to provide specific plans to modify the "Regulation on Direct Selling Administration",such as lifting restrictions on the scope of direct selling products,improving the training and evaluation system for direct sellers,increasing the mandatory auditing system for direct selling companies,and adding credit deduction systems for direct selling companies.Regarding the selection of the macro-government plan for the direct selling industry,a two-step strategy is proposed,taking into account short-term goals and long-term goals,and theoretically constructing a practical overall plan. |
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