The Legal Regulation Of Direct Marketing Research

The author in this thesis focuses on the basic problems of Direct Selling (DS) through the analysis on its theory and legal regulation. Further, the author based on this expounds some specific rules of DS, and finally raises some suggestions to China's DS.Apart from the preface and content, this thesis includes five parts. The first part focuses on the basic problems of DS. The author introduced the concept of DS in law, i.e. a kind of marketing model, through the analysis of five characters of DS, which may give a clear vision of DS to the readers. Afterwards, the author concludes that DS has its broad sense and narrow sense, this thesis only focuses on its narrow sense, i.e. staff direct selling. As a two-sided sword, DS on the one hand cut down the operation cost of the trade and promote the employment; on the other hand it due to its decentralization of operators bring about big problems to governmental supervision. The author then analyzes its advantages and disadvantages, as well as the growth and development tendency.In the second part, the author makes the theoretical analysis on the operation of DS. It is known that DS in China underwent a tortuous path in recent 10 years. The deficiency of regulation and administration raised big problems to the development of DS. So it is now very necessary to emphasize the regulation and administration. Then the author explains the basic theories involved from the angles of economy and law. After that the author forwards two goals for legal regulation and four principals for administration.In the third part the author makes the analysis on the main rules of DS regulation, besides, the author refers to the regulations on DS of other countries and territories to classify the relevant rules of DS, from which we know that most countries set up such rules as executive examining and approving, payment to direct sellers, cool-down period, and anti-pyramid plan.In the last part, the author firstly introduced the germination, development, elimination, and legal regulation of DS in China. The issue of the Regulation of Direct Selling and the Regulation of Forbidding Multi-Level Marketing in 2005 represents the re-open and legal regulation to DS market a new phrase. Then the author analyzes main rules on DS in the two regulations, and puts forward some suggestions. Considering the situation of supervision on DS the two regulations could hardly resolve the entire problems involved. So the author finally raises five suggestions toward the legislation by borrowing some useful experience of other countries and territories.The perfect legal regulation on DS in China could be the criterion for DS operator, and the outlaw phenomena may reduce significantly. Only effective regulations are available could the illegal activities in DS be eliminated, which should also be the destination of the legislation in China on DS supervision.