Is the formation of a hierarchical proxy mode belonging to the team's reward?

Author:Linquan Communist Youth League Time:2022.08.09

Today's society is developing rapidly, and the Internet has developed high -speed development, so that some new business models and new business forms make people unable to distinguish their legitimacy. It is easy to cause the phenomenon of not being investigated, investigating without investigation, no evidence, and innocent punishment. Below we will have a common "micro -business" phenomenon that appears in the current society with a judicial study debate on August 9, 2022. The content of the debate conducts the legality and illegal boundaries of this field.

This debate launched a debate on the agency level of "Weishang". Party A believes that as long as there is an agency level, the upper and lower line relationship belongs to MLM. It also depends on its essential behavior. The following is the content of the debate:

Party A: For the "micro -quotient" with hierarchy, it belongs to the development of people and pulls offline. Finally Article 7 of Chapter 7: Through the development personnel, the organizers or operators are required to be developed by the developers to develop other personnel to form an upper and offline relationship. Therefore, we believe that as long as the "micro -business" of more than three layers of levels is MLM.

Party B: Before the debate, I would like to ask Party A to represent a question: In the common business model in society, do the products produced by the factory have passed the general agency, provincial agency, municipal agency, regional agency, wholesale department, supermarket, and supermarkets. Sales of channels?

Party A: This is different, this is normal business

Party B: Then I ask, from the general agency to the provincial agent, to the municipal agent, to the district -level agent, to the wholesale department, to the supermarket, how many levels have it formed?

Party A: It has formed a hierarchy, but the purpose of these agents is to complete the establishment of goods. Their purchase and selling goods are free

Party B: Therefore, the level is only a form, and the purpose is the key. The traditional business model, the superior agent is also bound, that is, the subordinate agent does not allow "string goods", that is, it is not allowed to be a non -superior agent agent. Do you have to supplies it to the non -subordinate agent. Is this that?

Party A: Some brands are like this

Party B: In other words, there is no provision of the law that it is illegal to bind to the upper and lower levels to form a multi -level purchase and sales relationship, right?

Party A: You are talking about a normal business entity model, which cannot be compared with the virtual up and down relationship over the Internet.

Party B: If Party A believes that the traditional business model that considers the reasonable and legitimate normal business and uses the program to make a trading system, in fact, many brands have already made the purchase system for the agent. Relations, online transactions, is this illegal?

Party A: Party B's field is not the same as our debate today. We debate today is the group of "Weishang".

Party B: Is there a law that the number of agents of the company must be limited? Since there are no provisions, the law cannot be prohibited. The number of agents is the self -willingness of the enterprise, not the decisive factor of legal and illegal. We believe that the traditional proxy model uses online system transactions and uses the factory headquarters "Yuncang" to ship. This is completely different from the traditional model agent to rent a warehouse. The form, this new form can effectively improve the efficiency. After the sales receipt is transaction to the factory, the factory headquarters is shipped directly to the terminal. This method greatly reduces the cost of turnover and improves efficiency. Using more agency sales will help increase commodity sales and increase the service level of end users. At the same time, it can also provide more opportunities for creating income. This also reduces employment pressure from another aspect. Therefore, we believe that as long as it is a commodity product It is legal and high -quality, reasonable price, what model of sales is not a problem.

Party A: But the law has a basis that it is not allowed to form a team reward model. Even if the product is legal, it belongs to operating pyramid schemes. It is not allowed in law. Law.

Party B: The first legal basis proposed by the other party, Article 2), paragraph 3, paragraph 3 of the "Prohibition of MLM Regulations" stipulates that the organizers or operators are required to be developed by the developers to develop other personnel to form an upper and offline relationship. And the sales performance of the following line is based on and paid for online remuneration, and obtain illegal interests. Maybe the other party's representative may not understand what "pay for online compensation". Some people give bonuses, that is, the main income of the participants is derived from the commission reward of the team member's "entry fee". That is to say, as long as someone has an order, someone will receive a fixed proportion of bonuses. Retreat -type illegal pyramid schemes; the agency difference is derived from the point -to -point transaction between the agents. The transaction is over after the business is over. The seller receives the payment. After selling the goods, any reward and commission will only form a transaction that he and the supplier of the Shangjia supplier when he purchase again. This method of income is not disposable and transmitted. The biggest difference between the agency system, so forming the upper and lower network structure does not mean that it must be illegal MLM. It depends on its operation and settlement mechanism. The subjective intention of the organizer is the sales of goods or fraud. The first sentence of the first chapter of the first chapter of the MLM Regulations is to prevent fraud and protect citizens. This is the general rule of this law. So levels are not the key, whether fraud is the key. Through the above debate, we clearly see that Party B's views are clear, the arguments are sufficient, and more objective and rational analysis has analyzed the hierarchical sales behavior that makes people unintelligible. The innovative proxy mode of the format can allow legal workers to fire with golden eyes, crack down on illegal operations, protect legal physical enterprises, and give ordinary people a clear understanding to avoid being deceived.

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