How many pass the name that report back after leave of absence sells continuously
Recently, 14 sold an enterprise to be signed in Beijing continuously about abide by the law sell continuously, the proposal that makes Chinese good citizen, give out " be far from false and exaggerated conduct propaganda, pass annul wait for illegal criminality " wait for a proposal, about sell continuously, pass sold topic to cause attention again. Be sold continuously and pass annul have why to differ? How to limit? Sell an enterprise to be in our country continuously how is dissimilation sold to pass? Why to meet is dissimilation sold to pass? This period " sound " edition is special invite 3 experts to discuss these issues jointly, pay close attention to please.
Honored guest:
Yu Zhao flies (Zhejiang province carry on promotes deputy chief procurator of city people procuratorate)
Qiao Xinsheng (in south professor of college of politics and law of finance and economics)
Yin Bo (solicitor of office of attorney of Kyoto of associate professor of academy of science of law of criminal of Beijing Normal University, Beijing)
How is our country limitted be sold continuously and pass annul
Yin Bo: Pass sell and sell continuously congeneric before, both and OK each other is used, it is not to have what shop trades to derive mode. At going up by company of Lai of American button Cui 339 time enable the century pattern of this kind of trade above all. The research and development of company of button Cui Lai at that time a lot of nourishment and health care are tasted, but the convention that did not use these new-style commodity as a result of people, to open the market, the means that company of button Cui Lai thought of to pass according to legend of ear of human relation mouth will manage, the design shares mode certainly, make recommend a person to be gotten from person be commendatoried certain deduct a percentage from a sum of money, let consumer become dealer at the same time, subsequently very fast this kind of mode gained the market, rapid and outspread. After this, the fission effect that pattern of this kind of trade has alone as a result of its is used as financial fraud by a few illegal elements, perhaps have prop product only without the product namely, complete support pulls cost of poll collection introduction to manage, only pyramid gains profit topmostly, someone else is a victim.
Sell continuously oneself / pass annul since entering our country, its meaning after many change. Passed 1997 sell administrative idea will only arrangement is sold continuously and mutiple level sell continuously state sell to pass, inspect its to be lawful sale mode. The development of economy of our country market is still immature at that time, mode of new to this kind sale superintends the government to still do not reach the designated position, people is younger to the judgement ability of new-style sale mode, a few businessmen are used mutiple level the pattern that sells continuously manages prop commodity to perhaps do net capital to run, evolve into its to be passed for pyramid type annul. The State Council was promulgated 1998 " the announcement that sells management activity about prohibiting passing " prohibit in the round only arrangement is mutiple level pass annul and pyramid type is passed annul. That is to say, no matter be con type,pass sell or Direct Selling(is sold continuously) uniform must not develop in China. 2005, the State Council was passed prohibit passing annul byelaw and sell regulation continuously, set formally to the definition that sell and sells continuously is passed below condition of Chinese law words. Of our country be being sold continuously legally is to point to hold according to add up to the monolayer of compasses to be sold continuously. And other mode, include mutiple level sell continuously all be maintained sell to pass.
Yu Zhao flies: On my law law, pass selling is to point to an organizer or operator expands staff, the personnel measure that perhaps is developed secondhand directly with its by development staff through be opposite perhaps sells outstanding achievement to calculate and give compensate for the basis, perhaps ask to be obtained in order to pay fixed fee to add the means try to gain such as the qualification for the condition by development staff illegal profit, disturbed economy order, affect the behaviour with stable society. Be being sold continuously is to point to the member that sell enterprise recruit continuously continuously, it is by the member that sell continuously besides fixed business place the distribute way that markets a product to ultimate consumer directly.
Both distinguishs expression to be in: The first, property is different. Sell a kind of be classics state license legal sale form continuously, lawful sex is had on property. Pass selling is the sale act that violates state law regulation, have illegal sex. The 2nd, constituent structure is different. Sell a company to have two only continuously, sell continuously namely company and the member that sell continuously. Pass sell an organization to differ, it has a lot of, show pyramid structure. The 3rd, sale product is different. In selling an activity continuously, the product of the sale can have more judicial price system normally, and its product has normal manufacturer home to produce, character assures. And pass in selling an activity, what traffic from place of itself of personnel of course of study as a result of its is behavior of a kind of investment, in selling a process, so the product is being passed is only but current stage property, some passing there is a product even in selling an activity. The 4th, income source is different. In selling an activity continuously, selling a product is the only source of organizer accrual. And passing in selling an activity, income source of the organizer is an introduction cost, groom cost, data is expended or buy product cost to wait forcibly, the organizer uses the participant later to hand in charge to pay the pay of foregoing participants to be run in order to maintain, it is illegal. The 5th, the after service of the product is different. Sell continuously can offer change, the service that return money, and pass annul from just regard commodity as at the beginning a kind of tool that make money, cannot provide after service, and as far as possible play truant.
Pass illegally sell legal responsibility what to have
Yu Zhao flies: Pass those who if make crime,sell, according to criminal law the 224th regulation is in 5 years of the following set term of imprisonments or arrest battle, punish gold; The clue is serious, be in set term of imprisonment of 5 years of above, punish gold.
Qiao Xinsheng: Pass selling is a kind of model to violate act, should be maintained only sell to pass, form break the law. Sell continuously according to our country regulation and prohibit passing the provision that sells byelaw, if be engaged in spending act continuously, ought to register lawfully; If be registered without the course, belong to run an activity illegally, by the market supervisory management department makes administrative punishment. Pass for blow sell criminality, our country " criminal law amendment 7 " in the provision that increased to sell crime to passing, besides the criminal responsibility that manages a blame illegally to find out guilty suspect and the accused person besides strict according to, ought to father to direct responsibility personnel and first member lawfully add penalize. In the meantime, passing in selling an activity, if have,imprison staking, illegally, mistreat, of the behavior such as harm, want to count a blame and be punished.
Sell a business continuously how dissimilation is sold to pass
Qiao Xinsheng: Sell need to build continuously on trustful foundation. China is lying identity society, the trustful relation between person and person is flimsier, because this is in China,development sells an industry to have certain difficulty continuously. Sell an enterprise to be able to get used to market need of China only continuously, use acquaintance relation to build trustful base. If sell enterprise instead to come to promote goods continuously, so, sell continuously live very hard go down. Should sell an enterprise to manage his continuously main goal is put in human relation to run a side, so, sell continuously can become pass annul, the profit that the enterprise manages behavior to be able to harm consumer and normal market competition order. Can appear so a few sell an enterprise to use circuitous tactics continuously, taste a company through establishing health care for instance, sell an activity through opening a hospital to be engaged in be being passed illegally.
What need points out is, group plan proposes a toast (mutiple level sale) photograph comparing only arrangement sells itself to have tremendous charm continuously. Go up in world market at present, sell the commercial pattern that is cornerstone continuously with only arrangement basically not gain, little perhaps profit, and mutiple level the enterprise that the advantage of the sale depends on can arousing a person, want to be able to sell a goods or extend the market to be able to achieve relatively rich and generous earnings only, oneself can be agency already it is shopkeeper, a lot of enterprises adopt this kind of mode to gain profit quite abundant and rapid and outspread occupational market. From long-term look, mode of group plan fulfil is one is had feasibility and can last the new-style trade pattern of expansibility, but the embryo that just had development at present, easy by have ulterior motives the person tries to use, the likelihood in reality produces collection high specified number to join in the circumstance such as cost, make the earnings that helps a person join ambitious taste at normal distributors, walk up thereby travel sold illegal crime way.
Sell a company to be continuously with some foreign capital exemple, for quite a long time its are opened outside selling area continuously by doubt branch, brand shop department exceeds limits to manage, but claim continuously firstly accredit joins in retail company product, actually foreign capital sells a company to cross area to manage continuously had been the secret that does not contend for. For example, 2007 when, jiangxi luck prosperous has a man to take this company product to die, after be being investigated via concerning a section, the health care of this company is tasted is to pass " Nanchang high manager, 9 rivers Huang Mou, lucky prosperous Fang Mou, get offline the person that promote, user " such chain sells in victim hand. Actually, this product did not obtain Jiangxi area to sell right continuously. Moreover, what this company often will passed Department of Commerce to approve a sale is straight sell a product -- wait for the sale in be being put in the exhibition hall like machine of a few bishop, clean water. Because,be these act, this company sufferred severe punishment.
Yu Zhao flies: In selling the market to open a process continuously, sell a when the enterprise is faced with very crucial issue continuously, it is branch of director of our country commerce the limitative problem to selling area continuously. Current, sell area to compare wide extensive continuously except what individual foreign capital sells a company to be approved continuously, the other companies that take a card have a few provinces more () of city, area, little criterion only of 9 provinces sell area continuously. And although obtained the outstanding achievement that does not poor,a few mainland sell a business continuously, but in home explain the card still makes progress slow, a few enterprises not hesitate risk danger in desperation, disobey area limitation to undertake selling a product. Selling regulation to be managed to crossing a region continuously have specific provision, sell an enterprise to cannot disregard the standard that manages legally to grow outstanding achievement continuously, the means of this kind of eager for quick success and instant benefit damaged already company image, also destroyed the effort that gives to reverse image since straight sell course of study is long-term.
In recent years, relevant section basis sells the demand of the development state of affairs of the industry and consumer continuously, ceaseless and timely adjust the range that sells a product continuously. Develop continuously as what sell a profession continuously and consume the constant growth of demand, future can anticipate can more products are brought into sell product range continuously, more and more products are sold through selling pattern continuously, break further sell a product continuously coessential the appearance that change, for sex of supply side structure reform makes more contribution. But, did not make in relevant law and policy before adjusting, sell an enterprise to still ought to set strictly according to active law continuously abide by the law manage, put an end to deregulation to exceed the case that sells product range to be engaged in selling management activity continuously continuously to happen.
Our country is sold continuously why to meet dissimilation is sold to pass
Qiao Xinsheng: Sell continuously in our country produce side effect, because,be on one hand our country a few sell an enterprise to be engaged in running an activity illegally with legal means continuously; Because consumptive population cardinal number of China is larger,be on the other hand, consumptive bonus phenomenon makes the problem that in be being sold continuously, appears was magnified. Additional, tradition of our country culture and develop market economy country differs somewhat. Our country is traditional identity society, if do not have acquaintance introduction,be in in sale process, want to open an entrance door almost unlikely. This sells an enterprise to must begin professional work through acquaintance introduction continuously with respect to what bring about China, and melt into of very easy different introduces to play character each other between acquaintance.
Yu Zhao flies: The blundering atmosphere that this among them reason is eager for quick success and instant benefit above all was made pass those who sell an idea to spread. Next, legislative lag passes those who sell an activity to live to sell enterprise different to change continuously offerred advantage. According to the legal provision of our country, processing passes the route that sells an activity to basically have two: It is to be suspected of crime pass sell personnel, according to the regulation of criminal law, pass the specific criminality that sells personnel according to what be suspected of crime, pass with organization, leader more sell an activity to be imprisoned blame, illegally manage the accusation such as the blame blame, illegally to conviction measurement of penalty. 2 be to not was suspected of crime pass sell personnel, by basis of public security mechanism public security management sanctions a method, prohibit passing the provision that sells byelaw, the root sells staff action to violate the differring of degree as it is said, make instruct stop to violate the behavior, punishment pattern that confiscates illegal earning and amerce. That is to say, the law of our country sells personnel to adopt to passing " take two end " castigatory method, of form guilt sentence; Not of form guilt instruct stop to violate act, confiscate illegal earning and amerce; Condemnatory weight is put in bigger drop. The 3rd, superintendency branch sells an activity to hit strength to passing insufficient; Especially basic level instability, a few places are passed sell an organization to be illegallied or forcibly occupy for a long time cannot discover quickly however and powerful blow. The 4th, pass instead sell law waiting for general not to work to reach the designated position. Current and character, the acknowledge such as mode of the general pattern that numerous people and enterprise sell an activity to passing, characteristic, development and harm degree is insufficient, it is to pass those who sell an enterprise to be to conducting be on sale to violate a gender to know inadequacy not only, some cadres are not deep also to this understanding.
How to the standard is sold continuously and administer pass annul
Yu Zhao flies: The first, the enterprise should be paid attention to manage lawfully, be immersed in in case pass sell an activity. The enterprise has firmly to hold the bottom line of law and policy only, insist to be depended on lawfully compasses manage, ability is being put an end to really enter begin pass the catch that sells an activity. The 2nd, accelerate pass instead sell legislative process, cogent accomplish pass instead sell the job to the law can be depended on. The 3rd, party committee government should take seriously highly pass instead sell the work, foundation of aggrandizement basic level, fulfil basic level to administer the task, organize and start whole society force to catch condominium together, integrated processing keep within limits is passed annul spread impetus. Include to aggrandizement is superintended to passing those who sell an activity and hit strength, destroy pass those who market a tissue to live environment, from go up objectively rise pass those who market a tissue to violate guilty cost. The 4th, whole society should be built jointly grumous pass instead sell atmosphere, compress pass the vivosphere that sells an activity illegally. Should increase become rich to be being managed lawfully the advocate of the thought.
Qiao Xinsheng: Say from superintendency angle, superintendency branch is OK to selling the management of the enterprise continuously simplification, that is to say, all sell an enterprise to must supervise administrative total bureau to put on record in national market continuously, and sell a business continuously all financial reports perhaps press quarterly newspaper to send the market to supervise management department by the month, the market supervises management department to be able to undertake investigating according to financial forms for reporting statistics. In addition, the market supervises management department to be able to be superintended from the market, contract management, ad administration, quality management, the technology examines, quarantine management, the management of product of imports and exports origin that just faces a product individually undertakes administrative, also can register through the enterprise register, supervisory examination, discover legal firm is engaged in managing mobile phenomenon illegally. Will control the market henceforth manage and wash money instead, business affairs of financial administration and our country internet network, electron superintends effectively union to be together, such ability prevent to sell an enterprise to hitting the name that runs legally to be engaged in be being passed illegally continuously sell an activity, also talent is close monitoring a few register the sells a business continuously management activity that register, avoid the guilty appearance that appears to be managed illegally.
Yin Bo: For avoid risk, prohibit passing sell byelaw will still mode of group plan fulfil tries as illegal operation means compasses make, but I think pattern of new-style to this kind trade cannot deny completely, ought to go its scum, take its flower. To mutiple level group plan fulfil mode wants vigilant and excessive crime to change.
The enterprise that with the group plan fulfil regards commerce as mode tens of thousands of, compete in market economy so intense today, a lot of enterprises need not pattern of this kind of trade is fundamental cannot gain. Hope Moses and judicatory explanation drafter can be right group plan fulfil tries standardization processing. Propose a toast to administering group plan chaos is resembled, I think to ought to adopt administration to sanction prepositive method, ought to increase the market to superintend the strength that the branch investigates, to those appear pass sell to check to give in time. To fast bilk action, ought to weigh a fist to hit out, make its do not have the likelihood of survival absolutely. Ought to strengthen at the same time about pass sold law to publicize education.
Relevant link
On January 15, 2019, the board of inquiry that municipal Party committee of yellow Hua of city of Heibei dark blue, municipal government establishs obtains evidence through investigation cognizance Heibei Hua Lin is suspected of organizing a leader to pass sell mobile blame. The branch emphasizes related yellow Hua city, to Heibei Hua Lin is suspected of passing close a case to will be investigated lawfully, severe check punish severely.
On January 1, 2019, public security mechanism is opposite lawfully authority be good at company is suspected of passing in management activity annul commit a crime and be suspected of put on record of false advertisement criminality investigating. On January 6, supervisory management board of Guangdong province market issues pair of right formally the processing bulletin of be good at company, quanjian Guangdong branch already was in close down to consolidate position. On January 13, authority Shu Mou of be good at company the 16 people such as some are approved to arrest lawfully.
In March 2018, jiangsu Gai Erma sells be related to be investigated by put on record of Shanghai public security bureau because of be suspected of passing.
2017, great of big talk Kang Ting firm group is sold because of be suspected of pulling poll to pass, by big talk The Ministry of Commerce and Industry the door is investigated. Limited company of engineering of health graceful biology obtained Tianjin city to sell license plate to rise continuously 2013 oneself, already in Xuzhou, Qingdao, big talk 3 ground are suspected of violating compasses pass annul by media exposure.
2017, get social attention fully " Baal sends close a case " in city of Guangdong province Dongguan first instance of court of the 2nd people adjudges: The 9 people such as Zhou Jiancheng are passed because of organization, leader sell an activity, be sentenced one year 6 months arrive 2 years the set term of imprisonment that 3 months differ, punish gold. (Lin Nan of legal daily reporter is tailor-made graph / Li Xiaojun)
