入世与直接销售业的法律规制

On China's Accession to WTO and Legal Stipulating and Controlling of Direct Selling

从有条件许可到全面禁止、再到入世后逐步开放是直接销售业的法律地位在中国的演变过程。目前打击非法传销的法律文件层次低、透明度不够,传销的法律概念不清,行政执法依据不足,法律惩治措施不完善。直接销售业的即将开放要求我们做好立法准备,包括但不限于承认其合法地位,明确立法的指导思想、理顺传销企业与营销人员之间或营销人员相互之间的法律关系、完善法律责任制度。

The legal status of direct selling in China ranges from conditional permission to complete forbiddance and to progressive market opening after accession to WTO. At present,the legal documents are at low level and not transparent enough. The legal conception of direct selling is not clearly defined. The Administrative has not enough bases to perform its function. And there are not perfect legal measures to punish illegal direct selling. Direct selling's market accession to China requires us to make preparations for making new laws,including but not limited to recognizing its legal status,making the legislate guidelines clear,constructing the relations between the enterprise and the sales representatives or among the sales representatives and perfecting the legal liability system.