The Appropriate Opening Policies Of Direct Selling In China And Commentaries On China's Direct Selling Law Under China's WTO Commitment

The direct selling industry of China is almost controlled by foreign direct selling corporations and in an immature situation. Why Chinese government will open the domestic market of direct selling to foreign investment, which constitutes only 1 % of the whole retail selling in the world? How to comply with China's WTO commitments? And what kind of direct selling regulations China has made? With these questions, I begin to consider how to write this paper .The purpose of this paper is to discuss how China's WTO commitments influence the legislation of Chinese direct selling law. There are three chapters. Chapter one remarks China's WTO commitment to"Non-Store Retailing". Firstly, explaining the difference between concepts of"Non-Store Retailing","direct selling"and"pyramid selling"; Secondly, illustrating the background and reasons of the China's commitment to open the"Non-Store Retailing"market. Thirdly, narrating and explaining what kind of commitment China has made in the negotiation of WTO. The last and the most important question is the discussion of the legal effect of China's WTO commitment , especially the legal position and efficacy of China's commitment. Meanwhile, discussing several reasons with regard to the question that WTO's commitment can not be directly applied in China.The main topic of chapter two is Chinese direct selling law under the China's WTO commitment. China shall observe her WTO commitment to make domestic regulations relating to the directing selling. But there must be some difference between the WTO commitments as the international law and the domestic direct selling law as the method of trade governance and control. Therefore, Chinese government, in her legislation ,shall make a balance to make the law not only satisfy China's WTO commitment but also protect properly Chinese market and national benefits. When I write this chapter, I let myself think as what the government does. This chapter has three sections. The first section is about to what degree that China has promised in China's WTO commitment to open her domestic direct selling market and whether the degree that Chinese directing selling regulations allow foreign investment enter the market abide by China's WTO commitment. Section two and section three is separately to discuss some regulations of market access and national treatment of GATS , according to which whether Chinese directing selling law violate the GATS and China's WTO commitment.Chapter three mainly analyze Chinese direct selling regulations. There are also three sections. Firstly, confirming and appraising the highlight of this direct selling legislation and the direct selling regulations. Secondly, from the point of view, discussing the effect of Chinese direct selling law to direct selling corporation and the direct selling industry in China. Finally, pointing out the lack and deficiency of Chinese direct selling regulations and giving my opinion of improving Chinese direct selling regulations.