A few days ago, so-called the platform of business of famous and gregarious cable that has 20 million member " earthnut diary " spend illegal act because of be suspected of passing, be instructed to correct by superintendency department of Guangzhou city market, accumulative total is punished do not have 74.56 million yuan. "Earthnut diary " either the first be involved in passes the terrace of gregarious cable business that sells disturbance, the reporter combs relevant press discovery, in recent years business of many gregarious cable is superintended the branch is maintained be suspected of passing annul.
A few days ago, so-called the platform of business of famous and gregarious cable that has 20 million member " earthnut diary " spend illegal act because of be suspected of passing, be instructed to correct by superintendency department of Guangzhou city market, accumulative total is punished do not have 74.56 million yuan. "Earthnut diary " either the first be involved in passes the terrace of gregarious cable business that sells disturbance, the reporter combs relevant press discovery, in recent years business of many gregarious cable is superintended the branch is maintained be suspected of passing annul.
Repeatedly defect is passed annul vortical
In order to go all out great the gregarious cable business that is a delegate is become a dark horse that go out is killed on market of domestic cable business in recent years, rely on platform advantage, gregarious cable business grows quickly expand. Meanwhile, often also come out gregarious cable business is immersed in pass sell vortical information.
Information of state enterprise credit is public show a system to show, on March 14, superintendency department of Guangzhou city market spends those who give birth to limited company of diary network science and technology to pass with respect to Guangzhou annul (sell continuously) illegal behavior makes punishment decide: Instruct rectify and reform, fine 1.5 million yuan, confiscate illegal earning seventy-three million and sixty-five thousand eight hundred yuan, aggregate punish do not have seventy-four million five hundred and sixty-five thousand eight hundred yuan. This is up to now the biggest brushstroke that business of domestic gregarious cable receives punishs sheet.
On March 20, crime of economy of Shenzhen city public security bureau investigates bureau bulletin, right " gather article " especially big network is passed sell guilty gang to begin operation controlling a network, arrest many main suspect. Gather taste a company to hold water at was being registered in July 2014, the much language imports and exports that calls fixed position whole world oneself is two-way and large cross platform of condition cable business omnibusly, so-called make " consumer + integrated model electric business platform + supplier " C2B2B is brand-new commercial model, also be company of business of a gregarious cable.
The reporter is combed in recent years press discovery, be involved in is passed annul vortical, the gregarious cable business that is punished even is more than " earthnut diary " and " gather article " these two. 2016, so-called " China's largest small business fraction is sold " " the cloud is in finger tip " be saved by former Hubei industrial and commercial bureau of Xian Ning city maintains existence to pass sell to be, instruct stop to violate act, confiscate illegal earning more than yuan 3950, be in fine with 1.5 million yuan, tecent company is right also " the cloud is in finger tip " relevant public date undertakes sealing date;2017 year in May, hangzhou is new and high technical development (bank river) market superintendency bureau is maintained, platform of gregarious cable business " gather small shop " constituent plan is passed spend illegal act, confiscate its to violate earning to make an appointment with eight million and eighty-four thousand one hundred yuan, along with fines 1.5 million yuan, aggregate punish did not exceed 9.58 million yuan of;2018 year in August, star of movie and TV of so-called You Mou regards combination as father " the inn that amount to a person " what belong to company Hangzhou limited company of science and technology of Da Chen network, because be put in the network to pass sell to be, by punishment of superintendency bureau of market of Hangzhou city Yu Hang district, confiscate illegal earning 2412928.73 yuan, fine 1.5 million yuan, aggregate punish do not have 3912928.73 yuan. In addition, inn of round-the-world backstop, shellfish, amount to your home, daily go all out go all out, the enterprise such as Yun Pincang ever also had sufferred " doubt is like pass annul " doubt.
Gimmick height hasten is the same as
The reporter combs the gregarious cable business that be sold because of be suspected of passing in recent years and punishs by superintendency branch, the sale way that discovers them has the feature that high hasten is the same as, namely the collective kind that its begin professional work is " play character " , make a member ceaseless develop entrant, pass pyramid model structural plan proposes a toast.
With " earthnut diary " for exemple, administrative punishment decides the book shows, fixed proportional middleman's fee is the goods that the member place that spends unripe diary to be able to get its to develop with platform operation business buys bait, developed measure of many vermicelli made from bean starch the discharge operation company with much, big flow, regard its as the branch (also say for operation center) , run operation business again by these branches, operation business is in charge of expanding a membership, extract monetary reward according to layer class. Party adopts set " platform (branch) , operation business, super member, super member... super member " layer level type manages a framework, adopt multilayer class commission plan the member that obtain through refining spends peace conference upgrades the method such as charge. Up to on September 25, 2018, "Earthnut diary " the pyramid structure that APP platform formed 31530 to be tower needle with operation business, membership number amounts to 21534555 people, the member that organizes a structure to reach 3 class and level of layer of 3 class above among them shares 21496085 people, 99.82% what held full membership number, the chain with layer most class has developed reach 51.
Investigation bureau of crime of economy of Shenzhen city public security bureau announces alarm the bulletin shows sentiment, "Gather article " especially big network is passed sell guilty gang with " share economy " " new sale " for cover, collect of the Hai Yun before establishing Shenzhen tastes limited company of electronic business affairs, certain expenses obtains requirement member pay add a qualification, constitute a level through establishing the member system of much grade, return benefit basis in order to develop personnel measure as plan fulfil, the other that entice continues to participate in, diddle property, order of society of serious disturbed economy, be suspected of organization, leader passing sell crime.
Superintendency bureau of market of Hangzhou city Yu Hang district is right " the inn that amount to a person " the administrative punishment that make decides a book to show, "The inn that amount to a person " register a member through inviting (amount to person inn to grow namely) means expands platform membership ceaselessly (amount to person inn to grow) namely, make a member develop other member to join ceaselessly through giving the way that invites a person to reward deduct a percentage from a sum of money certainly, form fluctuation line to concern, direct or the basis is indirect at the same time invitation group staff amount was installed " the inn that amount to a person is long " " classmaster " " department head " " branch department is long " 4 level, with the sale of next string groups outstanding achievement is a basis, be calculated by certain proportion and give pay on line pay of each level personnel.
Electric business should with pass sell cut
Research center of electronic business affairs releases " business affairs of electron of mobile socialization of 2018 year China develops a report " show, at present cent of business of domestic gregarious cable is 4 old pattern: Mode spelling a group (spell edition of the great, special offer that clean out treasure, Beijing east go all out buy, Su Ning goes all out buy wait) ; cent sells pattern (gather, inventory of shellfish inn, love, clear is pushed etc) ;SAAS tool mode (assist, small alliance waits) ; community.
In these 4 kinds of mode, the easiest be involved in conducts the gregarious cable business that cent sells pattern annul vortical, even the viewpoint thinks, the gregarious cable business that cent sells pattern is natural contain " pass sell gene " .
Beijing is filled with division (Hangzhou) Fang Chaojiang of attorney office solicitor thinks, pattern of business of gregarious cable business wants complete with pass annul cut is clean very difficult, the reason has at 2 o'clock, the rate of sale fission growth that is gregarious attribute is too inviting; 2 it is the businessman thought to had taken significant avoid step oneself, but did not accomplish however actually. Fang Chaojiang expresses, a kind of wrong viewpoint thinks, want to divide the class that sell a layer to did not reach 3 level only, do not form pass annul. Plant in this the idea is how-to below, platform of business of partial socialization cable was used alleged " cut apart a class " " change the sale that pursue course is popularized to pursue course " wait for means, think use these means to be not belonged to pass annul. But actually, basis " prohibit passing sell byelaw " regulation, always include a group cost of plan fulfil, introduction, " play character " commercial pattern is belonged to pass annul. " prohibit passing sell byelaw " did not set, layer class achieves how many class to just be formed pass annul. So called " 3 class are passed annul " , it is actually " criminal law " whether does concerned judgement form organization, leader to pass a level that sells mobile blame.
Fang Chaojiang says: "The platform of business of of all kinds and gregarious cable that is similar to beautiful birthday to write down, it is relatively easy to should spread sold criminal risk from the avoid on commercial pattern, but should complete with pass annul cut is clean, more difficult. More difficult..
Researcher of engage by special arrangement of research center of electronic business affairs, Beijing is filled with division (Hangzhou) Zhang Yousong of attorney office solicitor thinks, the regulation looks related law of accessory punishment job, administrative regulations sets pass sell what disrelish crime with experience to pass the collective point with sell an activity to having certain: Exist " play character " development gets offline form, the layer class that there is pyramid look in constituent interior concerns. There is very big distinction again between both however. If platform is offerred, is true commodity and service, ultimate goal is to sell commodity to perhaps provide real service, so general do not form pass sell crime. But, the false goods that Repingtaidi offers perhaps serves, be method diddle property with this, form possibly " criminal law " the organization that go up, leader is passed sell mobile blame. Former likelihood faces the administrative responsibility that assumes branch be superintendencied to confiscate illegal earning and amerce of high specified number. Latter makes crime, platform controls administrator of person, company and relevant employee actually to assume criminal responsibility even.
Relevant link:
Escape is passed sell catch
The person that the gregarious attribute with gregarious cable natural business attracted heavy consumption is participated in, as average consumer, how should avoid to fall to pass sell catch?
Zhao Zhanling of vice director of office of attorney of Beijing annals continuous heavy rain tells a reporter, pass unlike the tradition annul adopt imprison wait for person to limit an instrument, business of partial socialization cable is passed through Internet channel development annul, often wait for a form through commercial interest is attracted and be being persuaded " bind " get offline. Consumer does not want by " we this belongs to cent to sell, not be to pass sell " the one's words deceit of and so on. Basis " prohibit passing sell byelaw " the 7th regulation, organizer or operator passes development staff, the requirement is joined by the member that development staff grows someone else, the personnel measure that with its to the personnel of development direct indirect perhaps scroll develops is calculated for the basis and give compensate (include corporeal award and other economy increase, similarly hereinafter) , obtain is illegal the; organizer of the interest or operator passes development staff, the requirement is handed in by development staff cost perhaps goes to pay fee with the means such as subscribe commodity, obtain the qualification that the member that join or develop someone else adds, obtain is illegal the; organizer of the interest or operator passes development staff, the requirement is joined by the member that development staff grows someone else, form fluctuation line to concern, the sale outstanding achievement of the following line is calculated for the basis and give pay on line pay, obtain is illegal of the interest, belong to pass sell to be. Accordingly, whether is gregarious cable business suspected of passing sell existence a few decision criteria: Whether need to hand in or change to hand in an introduction to expend; statified class, direct or indirect development gets offline whether does; gain profit according to getting offline, on the line is trapped from the get offline personnel amount of direct or indirect development or sale outstanding achievement raise pay or " return commission " . If consumer discovers the management mode of gregarious cable business is put in these features, be suspected of likely passing annul, ought to keep away from.
