从界定非法传销和合法直销的角度探寻直销立法新思路

From Limiting Illegal Network Marketing and Legal Direct Sale Angle to Seek the New Legislative Thought of Direct Sale

中国在2001年入世之处承诺三年后对直销进行立法以保证直销业在我国的良性发展的进程中,但在四年过去后的今天由于披着合法直销外衣的非法传销活动采取了和合法直销相同或相类似的方式方法,给我们辨识和打击非法传销活动带来很较大的难度而且至今无法彻底形成统一的规范性文件。文章从非法传销和合法直销和联系区别入手分析,重点分析非法传销的危害并提出打击传销保护直销的措施,还对进一步从部门规定上升到国家的立法层面上提出了新的构想。

In 2001,when China entered the WTO,the Chinese government promised that,three years later,we would legislate on the direct sale in order to guarantee the good development of direct sale field in our country.However,four years past,today,the illegal network marketing in the clothing of legal direct sale has taken the similar even the same method of legal direct sale which brought about great difficulty to our recognition and attack of illegal network marketing,so a unified and standard document has not formed yet.From the relation and difference between illegal network markting and legal direct sale,the paper analyzes the harm of illegal form and puts forward the methods of attacking illegal ones and protecting legal ones.It has also given new thought on making the stipulation made by government department rises to the legislation of our country.