A Study On The Legal Problems Of BMC In New Electricity Mode

In twentieth Century 90 years, the rapid development of the information age will push the mankind into the era of Web 2.0, the convenience degree of the life is self-evident. However, new problem is accompanied by a new crime-- Internet crime. In this paper, through the study of Jiangxi wonderful company case, I deeply dug the essence of interest distribution system of new business model under BMC, and aimed to analyze the real reason that the final judgment of the case was still recognized as Multi Level Marketing(MLM). I hope that the superficial study of this article can play a positive role for our country to regulate the Internet Financial environment.Jiangxi Wonderful Company created a new business model-- BMC model.It relied electronic commerce as its media, developing 6800000 members of in three years. Its amount of the assets increased to 3800000000 yuan. Based on the new business model of BMC as the research object, this paper collected a lot of datas and combined with the result of the trial, using the method of theory combining practice to demonstrate. The content is mainly around the Jiangxi Wonderful Company case, the formation of different views and opinions, the essence of distribution of interests covered by BMC model and the reflection of several aspects. The main results are here. The first one is the deep study of BMC mode, including the virtual PV value, margin system,promotion system and wholesale system. The research of the specific system covered both the essence of the case, and combined with the theory of traditional marketing system in the field of criminal law. And I compeared BMC model with the traditional marketing system. According to the comparison result,(1) the Pacific directly purchase on the network is not really in the sale of goods and services, but the virtual value of PV, the relationship between goods and services and virtual PV value is concealing illegal purpose;(2)if the members want to promote different levels of channels, they must join pay different range of RMB from 7000 yuan to70000000 yuan; so the essence of the margin system is in charge of "entry fee";(3) if members want to advance the channel level to get higher rebate,they need to expand the scale of their team through the promotion and wholesale; so the essence of promotion and wholesale is to "pull the head".These institutional interests distribution reflects the real essence hiddenbehind the BMC model. The second one is according to the outcome of the trial of this case, and combine with the status quo of China’s electricity legislation, to put forward feasible policy suggestions in view of the actual.