2018-04-04 16:06


Market Supervision Administration: Further Strengthen Combating MLM Work


[Direct Reporter Beijing, April 4] (China Business News)Provinces, autonomous regions, municipalities directly under the Central Government, and separately planned cities, sub-provincial-level cities and commerce administrative authorities, market supervision and management departments:
In order to implement the spirit of the recent important meetings of the Central Committee of the CPC and the State Council, the National “Two Conferences” and the central leadership’s comrades, and in accordance with the National Industry and Commerce and Market Supervision Work Conference on combating the deployment of pyramid schemes, we now put forward the following opinions on further improving the relevant work:
I. Raising ideological awareness and attaching great importance to combating pyramid sales
Recently, the Central Economic Work Conference and the report on government work proposed that we must step up the prominent issue of rectifying pyramid schemes to safeguard national security and public safety, while at the same time sticking to the bottom lines of the people's livelihood and continuously improving the people’s sense of acquisition, well-being, and security. The national industrial and commercial and market supervision work conference also made specific work arrangements for the fight against pyramid sales in the future. The industrial and commercial and market supervision departments at all levels must fully realize that the current situation in the crackdown on pyramid sales is still very severe, and the spread of illegal activities in cyber pyramid schemes is rapid, and it is urgent to adopt more effective measures to rectify the situation. It is still prominent in some key regions. It is necessary to improve ideological understanding, resolutely implement the decisions of the Party Central Committee and the State Council, and, in accordance with the national plan for industrial and commercial and market supervision work, the specific requirements put forward by the national public security and industry and commerce agencies for the joint rectification and deployment of criminal activities organized by the public security and industry and Organize and carry out centralized rectification of network MLM and rectification of key areas, firmly establish the bottom line thinking that no systemic risk occurs, and fully promote the work of combating MLM to a new level.
II. Implementing the "Four Steps Work Method" for Combating Remediation and Network MLM
The “four-step work method” for cracking down on rectification of network MLM by “online monitoring, offline evidence, multiple measures, and stabilization” is a summary of the experience of the whole system in conducting monitoring and investigation of network MLM work in recent years. It is a period of time in the future. Crack down on important guidelines for rectifying network marketing efforts. The industrial and commercial and market supervision departments at all levels must strengthen research, accurately grasp, and fully implement the requirements of the “Four Steps Work Law” in combating the rectification of network marketing, and further enrich and improve it in practice.
On-line monitoring refers to the use of Internet technology to monitor and discover the source clues of online marketing cases. The online MLM monitoring units of the General Administrations of Chongqing, Zhejiang, Quanzhou, Shenzhen, etc. shall continue to enrich data collection channels, improve the monitoring model, improve the risk index, monitor and discover the network-related behaviors and information, and accurately study and judge; local industry and commerce and market supervision departments must continue to Improve the MLM monitoring and early warning platform, rely on the functions of the network monitoring system and the Internet advertisement monitoring system, embed the network MLM monitoring function module, and use the Internet company’s technological advantages to enhance the MLM monitoring and discovery capability.
Offline evidence refers to verification and application of source clues and monitoring results. Local industrial and commercial and market supervision departments shall, after receiving the source clues from the transfer of the superior unit and from other places, establish a ledger, rapidly conduct offline empirical work, and promptly report the results to the Bureau of Competition and Law Enforcement of the State Administration of Administration. The main offline verification methods are: First, the information comparison with the public security, finance and other departments; Second, cooperation with the banking supervision department, inquiries to the public accounts and participants account, analysis of capital transactions; Third, with 12315 complaints reported information , The government’s public information, industry and commerce and market supervision departments conduct regular comparisons of archives information, etc.; fourth, the registration status of branches and related companies is collected; and fifth, field inspections and on-site inspections are conducted.
Multi-measure disposal refers to the disposal of distin- guishable cases based on the empirical findings of the offline. First, for those who have not yet carried out pyramid schemes or illegal plots and have a relatively low degree of social harm, they must make flexible use of reminders, interviews, admonitions, administrative investigations, risk warnings, and other interventions to coordinate the use of enterprise registration and trademarks. Registering, advertising supervision and other fences, efforts to eliminate the hidden dangers of MLM, and avoid sit-in; the second is a greater degree of violation of the plot and the social harm, but does not meet the criminal prosecution standards, to strengthen administrative investigation; the third is the violation of the plot and If the level of social harm is serious, and the criminal prosecution standards or suspected criminal offences are met, they must be promptly and decisively transferred to the public security agencies to strike a concerted blow.
After stability, it means that in the process of investigating and arranging pyramid schemes, especially in cases of major pyramid schemes where public security agencies crack down on criminal measures, local industry and commerce and market supervision authorities must actively cooperate with public security agencies to do a good job in education repatriation and maintenance. It is necessary to strengthen the collection of public opinion information, pay close attention to the dynamics involved in stabilization, highlight the responsibility for maintaining stability in the earth, and work together with related departments to carry out the work of remedial measures under the leadership of the party committee and government to prevent the occurrence of large-scale mass incidents.
III. Extensively creating MLM creation work
It has been more than ten years since the “No MLM Community (Village)” campaign was established. Practice has proved that this is an effective way to crack down on rectifying MLM. Grass-roots communities and villages and towns are the first line for cracking down on pyramid-based MLM, and they are the basic unit for the creation of MLM. Local industry and commerce and market supervision departments must continue to create “male-free community (village)” creation activities and continue to mobilize the enthusiasm of grassroots organizations. Anti-group control, make concerted efforts to squeeze the space for MLM activities.
While doing a good job in the creation of a “MLM (Community)” community, industrial and commercial and market supervision departments at all levels this year must vigorously launch the creation of a “No MLM Network Platform” as an important measure to address the proliferation of network MLM. Actively guide and supervise the Internet platform, an important carrier for the dissemination and dissemination of online MLM, to strengthen the corporate responsibility of the Internet platform, reduce the number of MLM sources, cut through the spread of MLM channels, deepen the purification of cyberspace, and create a clean environment. .
The establishment of the “No MLM Network Platform” starts with the cooperation of Shenzhen MLM monitoring and management base and Tencent WeChat platform monitoring. The Bureau of Competition and Law Enforcement, the network MLM monitoring units, and the monitoring and governance base are responsible for the nation’s influential Internet platforms. The provincial industrial and commercial and market supervision departments are responsible for all types of Internet platforms in their respective jurisdictions. Enhance the platform's responsibility for self-examination of information content, guide it to conduct self-discipline in the industry, and consciously perform social responsibilities. Through keyword filtering, sensitive word screening, and other means, we must purify the cyberspace environment and work hard to build a network without MLM. It is necessary to negotiate and rectify the problems that have arisen in a timely manner. Reminder to refuse rectification or ineffective rectification must be dealt with in accordance with the law by relevant departments. At the same time, it is necessary to strengthen cooperation with the Internet platform party, guide the platform companies to fulfill their social responsibilities, actively cooperate with law enforcement agencies to investigate and punish the illegal activities of network marketing, and comprehensively roll out network anti-trafficking propaganda work to help law enforcement agencies crack down on pyramid schemes online and offline.
Local industrial and commercial and market supervision departments shall strengthen the exchange and interaction of information between horizontal and platform companies, share experience in the creation of a “MLM marketing network platform”, exchange information on transmission and transmission, and promote the formation of a “network management network” between government and enterprises. Group defense group control situation, timely elimination and blocking of the network of MLM information dissemination channels and carriers, to minimize the development of network MLM spread.
Fourth, determine a group of MLM focus on remediation of cities
After years of cracking down on remediation, off-site agglomeration and pyramid schemes have been significantly curbed across the country. However, they persist in some areas. According to the MLM reporting complaints in 2017, Langfang, Beihai, Nanning, Nanjing, Wuhan, Changsha, Nanchang, Guiyang, Hefei, Xi’an, and Guilin are now listed as key MLM cities in 2018. In 2017, cities such as Langfang and Hefei, which have achieved great results, must consolidate their achievements and prevent MLM from rebounding. Other industrial and commercial and market supervision departments of the cities shall report to the Party committee's government initiatively, improve and perfect the leadership mechanism and work pattern for combating MLM as soon as possible, take decisive measures together with the public security and other departments, intensify the crackdown and reverse the unfavorable situation so as to achieve a breakthrough. The list of key cities will be updated once a year. The Competition Bureau shall conduct supervision, inspection, and acceptance of key cities in due course, and adjust the list according to the situation. Municipalities that have not been effective for a long time in the rectification work can directly interview the main leaders of the party and government, order them to rectify the deadlines, and give serious criticisms within a certain scope. The provincial industrial and commercial and market supervision departments can also determine the key cities and regions (prefectures, prefectures) and counties (districts) where the MLM will be rectified, and carry out supervision and rectification according to the actual situation.
V. Improve the information sharing and collaborative investigation and handling mechanism among departments
The industrial and commercial and market supervision departments at all levels should aim at improving the level of comprehensive social governance that is shared by common governance and sharing, and take this year’s national public security industry and commerce agency’s joint efforts to rectify illegal activities of networked distribution and criminal activities as an opportunity to strengthen public security and banking supervision, finance, and communications. Management, network information management, education and other departments communicate, establish and improve inter-departmental information exchange consultation system, specify specific contacts, implement dedicated personnel, regularly convene meetings from time to time, carry out analysis and judgment, and deploy investigations. If the discovery of clues is found in the behaviors of MLM and other frauds such as fund-raising fraud, the relevant department meetings are convened in a timely manner to study qualitatively, coordinate disposals, and strengthen joint control. We must strengthen the analysis, judgment, and follow-up of possible mass incidents, work hard to eliminate departmental barriers, and constantly improve the local joint defense, joint prevention, control, and strike-strike work mechanisms under the leadership of local party committees and governments, and implement the joint defense, joint control, and severely crackdown on pyramid responsibility.
National Market Supervision Administration
April 3, 2018