| 英文摘要 |
Direct Selling Management Ordinance and Prohibition of Pyramid Selling Regulations have been promulgated and implemented for more than 10 years since 2005. In order to construct a good economic order environment for direct selling, it is necessary to put forward some suggestions on the definition of direct selling, types of direct selling products, rights of direct sellers and the impact of new business models on the market through legislation, cases and data of other countries or regions. First, the current direct selling regulations do not include team payment. If team payment is regarded as an important part of pyramid selling in Prohibition of Pyramid Selling Regulations can be deleted, administrative regulations and criminal laws will be in line, and effectively avoid confusion of legal application. Secondly, the sales of tangible commodities should be appropriately opened to qualified enterprises to avoid systematic risks and expand economic benefits. Third, by increasing the obligation of direct selling enterprises to buy back returned goods, establish protection or mutual aid organizations with the interest of earnest money or other funds, so as to improve the guarantee for direct sellers. Fourthly, combined with the particularity of direct selling enterprises, under the new business model, it further analyzes whether it can be excluded to the application of restricted transfer selling price. When network direct selling becomes popular, how to deal with the restriction of regional operation and protection rights of direct sellers in current regulations? It is hoped that the above discussion will be helpful to improve the regulations of direct selling. |
