Research On The Selective Law Enforcement In The Control Of The Transmission And Marketing

The phenomenon of selective law enforcement is not only a problem that should be avoided in the construction of a country ruled by law,but also an academic and social problem that attracts much attention.There is no unified concept of selective law enforcement,and its causes need to be analyzed systematically.The proliferation of MLM has seriously harmed the social order and infringed upon the legitimate rights and interests of citizens.There is a phenomenon of selective law enforcement in the governance of MLM in China,which leads to poor governance of MLM.It is necessary to start from the perspective of selective law enforcement to explore the methods of improving MLM governance.This paper reviews the concept,types,causes and key governance of selective law enforcement.Then it uses the theory of selective law enforcement to review the problem of MLM governance,explore the current situation and causes of MLM campaign law enforcement,and explore the path to improve MLM governance.The author believes that the need for law enforcement agencies to obtain flexibility is the direct reason for the emergence of selective law enforcement,and the fundamental reason for the emergence of selective law enforcement lies in the asymmetry between the state power and the social problems involved.The essence of MLM is a kind of gang crime,not commercial fraud.In the past,both administrative legislation and criminal legislation have highlighted the commercial fraud nature of MLM,ignoring its independence from direct marketing.On the one hand,because of the influence of the path dependence of "MLM develops from direct marketing",it makes empiricism mistakes;on the other hand,because of following the international legislative precedent of "MLM is essentially commercial fraud",it makes dogmatism mistakes.The deviation of legislation in MLM positioning leads to the fact that the state’s investment in MLM governance cannot match the seriousness of the illegal reality of MLM,which leads to selective law enforcement.Therefore,the reasons for the poor governance of MLM in the past are as follows: first,the fundamental reason lies in the positioning deviation of the essence of MLM in the regulations on prohibiting MLM and the criminal law.Second,the direct reason lies in the incompleteness,inaction and sluggish discretion of macro and micro law enforcement.Third,the legislation and law enforcement issues extend to the judicial level,resulting in the judicial and law enforcement disjointed,and the reality of pyramid selling illegal disjointed.The ways to improve MLM governance are: first,to correct legislative deviation and clarify MLM positioning;second,to adjust the main body of law enforcement and clarify the responsibilities of departments;third,to standardize law enforcement and keep flexible appropriately;fourth,to meet judicial needs and play the role of criminal law.