On Direct Information Disclosure System Of Law Is Perfect

Objective: Our state issued the Regulation on Administration of Direct Selling in August 2005, which provided the rules for the standard on the development of the direct selling trade. The Ministry of Commerce and the State Administration for Industry & Commerce released the Measures for the Administration of Report and Disclosure of Information of Direct Selling Enterprise; elementarily sets up the rule for disclosure information of the direct selling. But the rule still has some flaws. Because of its significance, it is necessary to better the rule. So this article makes the rule of disclosure information of the direct selling as the object and hopes to offer some suggestions for enhance its legality through the analysis.The value of research: This article analyzes the issue on the rule of disclosure information of the direct selling in the point of economic and legal view, and does a particular study on the rule's flaws and then offers some proposals for its improvement. It has academic value for the perfection of the direct selling legal system, as well as the practical value for the development of the direct selling trade.Research methods: This article uses the ways of legislative clauses analysis, comparison analysis and economic analysis.The main contents of this article are as follows:The preamble introduces the background of the research, the start point of the research and the basic concept.The first part analyses the limitations of the rule of disclosure information of the direct selling from the angles of obligor,the content, the method, the supervise system and the legal liability respectively.The second part analyses the asymmetry of information on direct selling market, and clarifies the importance of perfect it in order to keep the stabilization of economic and society, to lead and standardize the development of direct selling trade, to protect the correlative parties and to perfect the supervision of this trade.The third part analyses the rule in the economics and legal point of view. From the view of economics, so to overcome the failure of market, the intervention of the government is necessary, and in which the rule of disclosure information of the direct selling is an important method for the government to intervene. The rule of disclosure information of the direct selling also has its elements in legal theory, which includes the pre-contract obligations and the obligations to illuminate standard form clauses of the contract in contract law, the rule of disclosure information of public company in corporate law and the right-to-know in the constitution.The forth part analyses the measures to perfect the rule of disclosure information of the direct selling and offers some suggestions. To be specific, to illuminate the obligation of direct seller; to amend the content of the direct selling company's obligations; to amend the content which the government should disclose; to diversify the way to disclose information; to establish the guild and made it to assist the government and the public to supervise the disclosure of the direct selling information; to improve the civil and administrative liabilities.In the end of the article is the conclusion .The writer thinks the active rule of disclosure information of the direct selling is not perfect and need to improve, and the writer gives some suggestions on it.