insanity workout China's direct legislation in a n

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China's direct legislation in a number of issues of

One, Questions and the significance of the research
1.1 WTO commitments and direct legislation
2001, China joined the World Trade Organization, the Chinese government signed in November 11's \\Now, the legislation on direct selling is not just to honor the commitment, win people's trust problem, it is a standard market order and establishment of market credit, the promotion of economic development issues.
1.2 direct legislative purpose and main contents
For our government, worried about the direct legislation and the confusion and more sensitive issues, such as foreign-funded enterprises and differential treatment, the distinction between direct and illegal pyramid schemes, enterprises set up conditions to allow direct sales of products and The range of services, taxes, and the resulting refraction of market openness, the degree of economic democratization of macroeconomic policies and ideas, and on the legislative purpose, legislative technical terms, mainly reflected in the normative conditions for establishment of direct selling companies,[link widoczny dla zalogowanych], direct selling enterprises in the scope of operation, deposit systems, and training salespeople to obtain qualifications, employment contract, rights and obligations of both parties, on the direct selling business and market regulation, consumer protection, legal liability issues.
Second, direct legislation needed to resolve several major issues
2.1 Foreign and domestic capital is also open after the first period outside?
Direct legislation in the process of deliberation and discussion, the foreign point of view first long and more popular. Take into account in order to
Of various factors, \After all, the direct marketing business is a more specific industry and business marketing model, not very familiar with domestic enterprises, coupled with the early years of the negative effects of illegal pyramid scheme, people do not direct the nature of the very scientific and rational understanding of such A new industry and business marketing models and opening up held in a cautious attitude should be, otherwise the herd phenomenon, very easy to quite a mixed bag,[link widoczny dla zalogowanych], mixed, thus the possible risk is damage to the reputation of the direct selling industry, so that people suspected of direct marketing to generate new government is likely to keep up to restrict or even ban repeat the original, while the number of foreign first carried out first in the scale of control, but also on the quality of risk control is conducive to a smooth transition. (2) help identify problems, gain experience, help the government manage the orderly advance. Business Direct is not only the credibility of direct selling enterprises, product quality, management experience, the quality of personnel that have higher requirements, and consumer psychology of consumers, consumption patterns, consumer behavior, also have more specific needs of the community also have more credit high demands on the Government's regulation of regulation also have higher demands and to take foreign investment is conducive to a gradual way first, and gradually found that direct marketing in China's economic development, market development, national consumer attitudes, traditional culture and many other relevant factors Agreement with the friction of the Department, in turn help improve and perfect targeted. (3) is conducive to the exemplary role of domestic enterprises.
However, even with the first reason for foreign investors, I believe it should abandon this idea, because there is plenty of foreign first same drawbacks: (1) the formation of super-national treatment to foreign investors, domestic capital formation of discrimination, which in fact and contrary to the purposes and principles of WTO. (2) results in an unfair competitive opportunities. If the first foreign investment, equal to the field in the direct sales to foreign priority \access to domestic capital, this has had on product quality, management experience at a disadvantage in the domestic-funded enterprises created a more artificial environment of unfair competition which was aggravated. (3) the adverse impact on the national business.
In fact, after the integration of the direct selling industry in recent years, and sort on the one hand, into the field than the first of many domestic enterprises such as the Tianjin Lions, Zhongshan perfect, a new era of Beijing, Guangzhou Apollo, Guarana, Wuhan, Shanghai fudi, natural beauty, China Bao Jian, Fujian Fulong, Dalian Zhen-Ao, have been tried, tested and getting better, direct marketing rules of the game on a more comprehensive and rational grasp, on the other hand the Government's direct selling industry and market knowledge and supervision are also comparable non-original, together with the adaptability of the market itself has also increased, Moreover, domestic enterprises and opening up will never be fully open, only a selective and restricted opening, as long as domestic and foreign-funded enterprises approval conditions and the same barriers to entry, foreign-funded enterprises to create fair competition within the common development of the legal environment, I believe that domestic companies will soon reach a better state, than to shut out foreign monopoly of the market better than much more.
Therefore, internal and external consistency and fair competition, strict qualification is the rational choice.
2.2 How to determine the direct market access for enterprises and key management standards?
As mentioned earlier, the direct selling industry is a very specific industries and areas of law involved in direct selling company engaged in communications with the
With industry or industry sector to adopt different market access conditions are very natural. Selling in the law should be characterized as franchising,[link widoczny dla zalogowanych], direct selling companies in addition to obtain a business license, to obtain legal personality, should also be issued by the approving authority franchise qualifications.
Direct market access of enterprises is reflected in the law embodied in the corporation set up the conditions that must meet the legislative requirements of the positive conditions. This mainly involves the following aspects of the condition:
(1) of registered capital. The first is whether the aforementioned problems to solve, namely, foreign and domestic-funded enterprises registered capital of the applicability of different? It should be acknowledged in the registered capital on the policy, if adopted differentiated advantage in domestic enterprises, domestic enterprises because most of the size and capital strength in the capital is difficult to compare with the foreign-funded enterprises, if the domestic-funded enterprises inside and outside the consensus is clear any errors fair. I have also advocated differentiated, for the 10 million U.S. dollars if the foreign words, domestic enterprises can be set at 10 million yuan. 1 but now consider the conclusion that, if the aforementioned, one suspected of discriminatory treatment,[link widoczny dla zalogowanych], two is not conducive to the establishment of direct business reputation and consumer protection, increase the risk of speculation, therefore, be weighed against two or domestic enterprises and foreign enterprises registered capital of a unified standard for the properly. Second, to determine the exact amount of registered capital, recommendations from the 1998 \
(2) on industry requirements. The foreign-funded enterprises, the establishment of direct selling companies should provide investors must also be engaged in overseas direct selling business enterprises, and have age requirements, such as direct sales operation in less than 10 years. Domestic enterprises, having regard to the introduction of the direct selling industry in China is not long, can be considered appropriate to relax the age requirement, such as 5 years.
(3) on the product range and product quality requirements. First, should strictly control the range of products. Practice, to operate direct product scope magnify the trend from long-term development should also be more relaxed, but not the direct sales market and opening up the scope of the product set too wide. Determine the product scope of the main factors need to be considered: should be a popular product, rather than a specific consumer product groups; should be the daily consumption of consumables, consumer durables instead of using a long period; should be affordable or not too expensive household items, not a luxury. Based on the above factors, the range of products can be direct sales of several products in the following provisions: health care products; cosmetics; daily life products; home appliances. After the direct market can be increased maturity. Secondly, the quality of products should provide high standards, only high-quality products to the direct business methods.
(4) on the mode of operation. There are two core issues: First, it still insists on direct foreign investment enterprise must set up factories in China, and second, it still insists outlets. The two conditions did not comply with the international practice of direct marketing are founded in China. Since June 18, 1998 SAIC released \Now that these enterprises have adapted to this mode of operation, should the cancellation of Fandao extra problems. Moreover,[link widoczny dla zalogowanych], the required foreign companies set up factories in China will be very helpful to prevent the direct selling industry in the phenomenon of fake and shoddy products and fraud, therefore, at least under the present circumstances should stick to foreign companies setting up factories in China (base) and only can sell the products of the production mode of operation. Shop operators is the original country of the direct selling, direct marketing has always been non-store sales, which is also blamed the international demands of a rule, but taking into account China's current situation, in particular for the prevention of pyramid selling and pyramid \shops to provide for management and control.
(5) on the margin. Also known as direct selling business in the reserve margin is to ensure that direct marketers (direct staff) and the interests of consumers, direct marketing companies to ensure the solvency of the system designed. This involves two questions, first, foreign-funded enterprises and whether the proportion of the margin should be different, and second, to determine the specific percentage, that is more appropriate ratio? In my opinion, to determine the specific percentage of deposit need to consider whether one can achieve the purpose of the system of direct selling enterprises that guarantee a certain level of solvency margin is guaranteed to make sense, and second, will increase the direct sales business to unnecessary financial burden or affect the operation of funds to enterprises. If you press enterprises 3 months or 4 months to pay the turnover margin, for such as Amway, Avon this month turnover Jige Yi's enterprises, one-time payment of more than 20 billion bond fund is indeed a huge burden. 3, in turn, for new companies entering the market, or for some smaller companies, 3 months or 4 months of sales they may be utterly inadequate, not achieve security operations. So the idea is to determine the author of a fixed base (such as 10 million yuan), which is the minimum number required to pay a deposit, and then direct the monthly business turnover of the situation, a different section to determine the proportion that is higher turnover part, the ratio less, so that not only guarantee the fit and enterprise scale business the amount of margin, without unnecessary financial burden to increase business. Of course, in the base and the ratio determined, domestic enterprises and foreign enterprises should not be different.
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