"Electronic business model innovation and Criminal Law Protection Seminar" held in Beijing

The famous domestic criminal law, civil law, e-commerce experts

Jiangxi Nanchang consultation company accused of pyramid selling case the boundary

Agreed that the case does not constitute a pyramid selling

Judicial organs should be safely treat the new business model

 

   [Beijing Heng Beijing network January 16, 2013 news: "e-business mode innovation and Criminal Law Protection Seminar" held in Beijing today at three p.m.. The famous domestic criminal law, civil law, electronic commerce industry experts more than twenty people attended the meeting, focuses on the anatomy of the typical case Jiangxi Nanchang Pacific direct purchase of electronic commerce mode was accused as a pyramid selling crime. The experts agreed that, Pacific direct purchase takes integral rebate way development, online sales and customer clearing rebate to consumers in the form of basic characteristics, level, not in conformity with the characteristics of pyramid sales crime occupy home margin features and concealing the fact that catchy. Does not constitute the crime pyramid. Nanchang City public security organs began to carefully check to withdraw the case, one and a half years later with the same facts against improper arrest. For e-commerce mode in the information era emerging, temporarily can't and without law, should be careful to guide, but not without administrative rectification and processing, the direct use of criminal law against. Should protect the legitimate rights and interests of enterprises and distributors, careful treatment, maintain social stability.

    Legal experts, e-commerce experts to participate in the forum today is:       

JiangFlat: China University of Political Science and Law Professor, famous jurist

Zhang Sihan: Professor, director of Institute of China judges, China Judges Association Research Department, deputy director of the Supreme Court of the room

CuiSensitive: Professor of Chinese People's Public Security University, famous experts in criminal law

Ruan Lin: Professor of China University of Political Science and Law, doctoral tutor, the famous criminal jurist

PI: Professor of China University of Political Science and Law, doctoral tutor

Liu Renwen: Professor of law China Academy of Social Sciences Institute director, criminal law,PH.

The kingHealth: Foreign Economic and trade university professor, e-commerce experts

Li Mingtao: Vice President National Institute of electronic commerce

WuSound: the Ministry of Commerce Secretary China Electronic Commerce Committee

HuangHao: Director of Research Office of the electronic commerce China Academy of Social Sciences

Fang Xingdong: the Internet Laboratory, blog, China global network founder andChairman

HuSteel: member, committee of Chinese Internet Association policy resources Chinese ACLA high-tech network committee

LeeShield: Professor of Tsinghua University

LeeWu: "investors reported"Deputy editor in chief

The LordHold:

Chen Youxi: a lawyer, member of the National Committee of Lawyers Association, Professor of Renmin University of China Law School of intellectual property rights 

 

               

 

 

 

 

  Jiangxi life investment limited company was accused of pyramid selling case

Case synopsisThe dispute and the parties focus

 

Beijing Heng Law Group Pacific electronic commerce case defense group

Chen Youxi Wang JunLin MingmingLawyer

   Occurred in Jiangxi Nanchang Pacific Electronic Commerce has accused of pyramid selling case, Nanchang City Intermediate Court after December 18, 2012 to 28 off six days of trial, the judge adjourned. The court heard the first defendant lawyer up to more than 3 words in 2 hours after pleading not guilty, height takes seriously, is said to have reported to the Supreme Court for legal nature.  

   The case involved the consumption of stored about 6000000000 deposit (loan mode has not been in place about 2300000000 deposit, so the actual relates to deposit amount is 3700000000), clusters of consumers involved in all the provinces of the country and Hong Kong and Macao 6760000 online shoppers, 120000 advance consumption margin (in this case the said channel), and more than 600 accused of a crime suspect (larger channel as the marketing level), in the field of electronic commerce Chinese is a very typical case, will decide the direction Chinese e-commerce, and electronic commerce national development strategy. Related to the marketing knowledge, identification of financial basic legal knowledge, knowledge of e-commerce and criminal law, civil law knowledge and boundaries of the judgment, the case is very complicated.

   In order to distinguish between correctly distinguish between normal electronic commerce and marketing, line circle crime and not crime, now the most important problems are introduced, and discuss the syndrome research.

A,Brief case

   Jiangxi life investment company set up in Nanchang, the registered capital of 199000000, the legal representative is engaged in judicial police for more than twenty years after the resignation of Tang Qingnan from the. 2007 sales backlog of goods, opening the Pacific direct purchase. The public sale of goods on the internet. The advantages of various 2008 study other domestic e-commerce shopping, the design of the B (Supplier) and M (intermediate business, e-commerce trading platform) C (consumer) electronic commerce mode, BMC mode of operation. Its characteristic is the use of electronic commerce and logistics self operating room without low cost operation, the business part of the profit, basically all the profits to the consumer, to attract consumers shopping online to the pacific. Pacific Ocean network will supply price in online publicity, let the goods meet directly with consumers, and announced the purchase price, announced the commercial profit form, basically return to consumers. Quickly to attract a large number of consumers to the Pacific direct purchase of online shopping. Online transactions of real, real goods, fake a compensable ten and bank deposit account security vendors, consumers can get more discounts and benefits.

   Pacific Ocean network in order to occupy the market rapidly, design level of discount rate, the more the more the bigger discount shopping. The discount rate is divided into 12 level difference, to consume integral (PV) calculation. Set the shopping membership, commitment consumption to 7000 yuan, 1000PV, can become rich "channel", to be able to recover the full margin. Implementation of 1000PV, there are three ways, one is constantly shopping cumulative rebate to 1000PV; two is a one-time direct shopping to 1000PV integral; three is not consumer consumption but would directly to pay 7000 yuan deposit, 1000PV won the temple channel business qualification. The channel can be voluntary association clusters of consumers, can choose to pay millions of margin, then the transfer of their PV to other channels. Because consumption rebate more more, there have been intensive (similar to the consumer group purchase), start by the end of 2009 province city county deputy merchants.

   2010 June Jiangxi province Nanchang City Industrial and commercial bureau to Jiangxi life investment limited company suspected pyramid schemes to Nanchang City Public Security Bureau to the case, in June 29th the same year, Nanchang City Public Security Bureau of Jiangxi Life Investment Limited registered, to supervise the company's normal business behavior in November 10, 2010; Nanchang City Public Security Bureau in the Ministry of Public Security Bureau, Public Security Bureau of Jiangxi Province Economic Investigation Corps under the guidance through the investigation of five months, that judicial audit appraisal, is unable to recognize Jiangxi Life Investment Limited behavior is "cheat" situation; decided to withdraw the pin in the case; and to the company and Tang Qingnan served on the decision on cancelling the case; in November 11, 2011, the CPC Jiangxi Provincial Committee and the committee considers to reply the Public Security Bureau of Jiangxi Province: Nanchang City, the public prosecutor, method and unit consistent qualitative comments on Jiangxi Life Investment Limited revocation cases, without the political and Law Commission coordination.

   Subsequently, the Commerce Department of Jiangxi Province in 2010 December, the national Ministry of Commerce recommend Jiangxi Life Investment Co. Ltd. for the electronic commerce business model; national insurance officially commissioned its scrutiny as the first "BMC e-commerce division" designated training and test organization department training center. Other government departments also has support for sure. After the withdrawal of the case, the Public Security Bureau of Nanchang supervision business on the net. A year and a half, the direct supervision of the Public Security Bureau in Nanchang, BMC model has been the normal operation, each of the funds used to Public Security Bureau for approval. Business greatly development company. Margin income from nearly 1000000000 to 6000000000.

    In 2011 July, Shandong Liaocheng Shenxian Public Security Bureau detention to channel Liu Baohua, childhood, the procuratorial organs checks that, does not constitute a crime, shall not be arrested. The local public security for 6600000 "bail" after the release of two people, settle a matter by leaving it unsettled.

    In 2012 April, the industrial and commercial authorities insist on this case is the pyramid selling crime has reported to the State Administration, at the same time, Nanchang local authorities that the arrests of other provinces deduction of hundreds of millions of company funds, Nanchang public security bureau suddenly changed qualitatively, arrested the eight people, seized the company nearly 2000000000 of assets. The same year in November 29, Nanchang City Intermediate People's court; from December 18, 2012 to 28, off six days of trial, the judge adjourned. Lawyers on the case pleaded not guilty. And put forward two applications: 1, the loss of 1300000000 of the audit report shall not be approved, the request to audit. 2, because it is the first Chinese, crime and non crime problem determination involving more than 600 people, involving 6760000 people's interests, the legal nature, should be reported to the Jiangxi high court, the supreme court request reply report. The court has not found.

Two, the focus of controversy:

    From Beijing, Zhejiang, Sichuan, Jiangxi more than a dozen lawyers and prosecutors in the case of qualitative, law, scientific conclusions validity, all fierce controversy:

First, the BMC model is the innovation of e-commerce is most advanced, or legerdemain brillant pyramid schemes?

Second, the integral rebate levels, Is it right? Pyramid hierarchy? Intensive channels, Is it right? Area marketing leaders? The Pacific direct purchase of the official network of the channel is divided into 12 levels, the number of different levels of channels to pay margin, enjoy the rebate proportion is different. Profits distribution according to work strictly according to. Business although one operation, but "people" is a business license of enterprise legal person or the individual industrial and commercial households, not by a simple head number and level of distribution, business with the quantity has a relationship with the number of people it doesn't matter. The promotion of PV or volume according to the actual consumption of the rebate is hierarchy ordered not pyramid schemes?

Third, the BMC mode is his margin account booking consumption margin, or MLM admission fee? Will not be like a Ponzi scheme as cheated? Will lose everything?

Fourth, the BMC pattern of commodity is true? Can realize the real goods? Can realize the "save money and make money", "employment and entrepreneurship"?

Fifth, the company's actual profit, or loss? BMC mode will finally collapse?

Sixth, has two times the judicial authentication "audit report", a world of difference to the conclusion, based on the accounting subjects to be reconciled, will be credited to the account of the rebate money has been paid 1360000000, credited to the management fee adjustment. Correct? If so that loss of about 1300000000 conclusions can be used as the final key evidence?

Seventh, BMC model has not conceal the truth? Promotion of behavior and channel Shang Zhengchang, publicity can understand it as false and deceptive propaganda? The operation of the company from the beginning is completely open and transparent, not only the information of the website, profit distribution system, risk warning, cooperation agreement, calm period details, open and transparent, the channel to the Pacific straight purchase official pay margin, booked PV consumption, consumption in the predetermined actual or transfer, Pacific direct purchase of the official network of the deposit will be refunded in full. Collect the deposit is cheat behavior legal contract or pyramid schemes?

Eighth, the BMC mode, appropriate separation of the system even if the channel with the enthusiasm to word-of-mouth, investment promotion conference to promote the form of Pacific direct purchase of the official network, require the company to cooperate with all integrity channel business, must have the status of enterprise legal persons or individual industrial and commercial business license business, cooperation between the main limit is qualification. This kind of promotion and cooperation Is it right? MLM "pull the head" and the development of offline?

Ninth, the BMC model, introducing the marketing of the "PV" as a unit of measurement, lock up future orders, and in the Pacific online through consumer cash, can also be voluntary transfer, whether the PV rebate profit is virtual profit?

Tenth, whether the BMC mode which is harmful to the society? The pattern of distribution of interests of all parties in the source, the supplier and the company management, online consumer form real commercial profit, the profit of the supplier for the segmentation. Not eat deposit layers. Still in his margin account can be shopping, never can not pay.

Eleventh, how to deal with the new things? Is to protect the new productivity, or the productivity as a crime? Whether the nature of the inaccuracy of the case, the direct use of criminal law means to fight? Jiangxi Province, Department of political science and law originally agreed that innocent case, in the absence of new facts and evidence of the case, in the public security organs under the supervision of, a 85% growth in business, suddenly filing as serious crime, let Tang Qingnan assume legal responsibility, whether it is fair?

Twelfth, the electronic commerce website will move toward a new fusion in full blossom, including similar mergers, mergers and strategic complementarityThe alliance cooperation.How to guide and standardize the information age of e-commerce mode? Law is to protect the enterprise innovation, promote the development of productive forces, or for the new social no hurry punches, destroy the development of productivity?The electronic commerce new things, and how to regulate, there is no need to set the administrative investigation procedure before? The judicial authorities to enforce the law? The lag of law how to solve? Calls for national introduction of "electronic commerce law as soon as possible.".

   The experts in detail, and discuss and Research on the above problems. Shorthand draft records as speech content all experts, to be issued to each expert in his approval, then summary published. At the same time, the research results, will be submitted to the trial court and the higher court and the relevant department for reference.

   More than a dozen media in Beijing participate in seminars, understand the latest case. Including the "twenty-first Century economic report", the earliest reported objectively Xingbang cases press, are very interested in today's discussion.