Soliciting Opinions on the "Consumer Protection Law (Revised Draft for Review)"
Release Time:
2010-11-05 10:43
Source:
China Laundry Information Center
Approved by the National People's Congress, the "Consumer Rights Protection Law" began revision in 2009 and has now been completed. The revised draft submitted for review is currently soliciting opinions from relevant associations. The Laundry and Dyeing Committee has organized the relevant revised provisions and published them online for industry professionals to understand. Suggestions can also be submitted to relevant departments through the Laundry and Dyeing Committee.
"Consumer Rights Protection Law (Revised Draft for Review)", the relevant revised parts are as follows:
(Note: The red text in the article indicates the modifications)
Chapter One General Provisions
Article 1
This law is formulated to protect the legitimate rights and interests of consumers, maintain social and economic order and public interests, promote the healthy development of the socialist market economy, and social harmony and stability.
Article 2
Consumers' rights and interests are protected by this law when purchasing, using goods, or receiving services; matters not stipulated in this law are protected by other relevant laws and regulations.
The term "consumer" in this law refers to a natural person who purchases, uses goods, or receives services not for the purpose of production or business operation.
Article 3
Operators providing goods or services to consumers shall comply with this law; matters not stipulated in this law shall comply with other relevant laws and regulations.
The term "operator" in this law refers to natural persons, legal persons, and other organizations engaged in the production, operation of goods, or provision of services.
Article 4
Operators and consumers shall conduct transactions based on the principles of voluntariness, equality, fairness, and honesty and trustworthiness, be responsible to consumers, accept social supervision, and bear social responsibility.
Article 5
The state protects consumers' legitimate rights and interests from infringement.
The state takes measures to ensure consumers exercise their rights according to law and safeguard consumers' legitimate rights and interests.
The state encourages and supports scientific, civilized, and sustainable consumption, advocating consumption patterns that save energy and resources and protect the ecological environment.
Article 6
Protecting consumers' legitimate rights and interests is the common responsibility of the whole society.
The state encourages and supports all organizations and individuals to conduct social supervision over behaviors that damage consumers' legitimate rights and interests.
The Consumer Rights Protection Committee and other consumer organizations have the right to conduct social supervision over goods and services.
Industry organizations shall strengthen industry self-discipline, regulate industry behavior, urge and guide operators in the industry to operate according to law; industry associations formulating industry norms, contract texts, etc., related to consumer rights shall listen to the opinions of consumers and consumer organizations.
Mass media should do a good job in promoting the protection of consumers' legitimate rights and interests and conduct public opinion supervision over behaviors that damage consumers' legitimate rights and interests.
Chapter Two Consumers' Rights
Article 7
Consumers have the right to personal and property safety without damage when purchasing, using goods, and receiving services.
Consumers have the right to require that the goods, services, business premises, and service facilities provided by operators meet the requirements to ensure personal and property safety.
Article 8
Consumers have the right to know the true situation of the goods they purchase, use, or the services they receive.
Consumers have the right, according to different goods or services, to require operators to provide information such as price, origin, producer, purpose, performance, specifications, grade, main ingredients, production date, expiration date, inspection certificate, user manual, after-sales service, or service content, specifications, fees, and other related information.
Article 9
Consumers have the right to independently choose goods or services.
Consumers have the right to independently choose operators providing goods or services, independently choose the variety of goods or service methods, and independently decide whether to purchase any goods or accept any services.
Consumers have the right to compare, identify, and select when independently choosing goods or services.
For goods purchased through sales methods such as online sales, TV sales, telephone sales, mail order, or door-to-door sales, consumers have the right to return the goods within fifteen days after receiving them, except for goods that affect resale.
Article 10
Consumers have the right to fair transactions.
Consumers have the right to fair trading conditions such as quality assurance, reasonable prices, and accurate measurement when purchasing goods or receiving services, and have the right to refuse operators' forced transactions.
Article 11
Consumers who suffer personal or property damage due to purchasing, using goods, or receiving services have the right to obtain compensation according to law.
Article 12
Consumers have the right to legally establish social groups to safeguard their legitimate rights and interests.
Article 13
Consumers have the right to obtain knowledge about consumption and consumer rights protection.
Consumers should strive to master the knowledge and skills required for the goods or services, use the goods correctly, and improve their self-protection awareness.
Article 14
Consumers have the right to have their personal dignity and ethnic customs respected when purchasing, using goods, and receiving services, and have the right to personal information protection.
Personal information as referred to in this law includes information closely related to consumers and their families such as the consumer's name, gender, age, occupation, contact information, health status, family status, property status, and consumption records.
Article 15
Consumers have the right to supervise goods and services as well as the work of protecting consumer rights.
Consumers have the right to report and accuse acts that infringe on consumer rights and illegal or derelict acts by state organs and their staff in protecting consumer rights, and have the right to criticize and suggest improvements for consumer rights protection work.
Chapter 3 Obligations of Operators
Article 16
Operators providing goods or services to consumers shall perform their obligations in accordance with this law and other relevant laws and regulations.
If there is an agreement between the operator and the consumer or the operator makes a promise to the consumer, it shall be fulfilled according to the agreement or promise, but the agreement or promise shall not violate laws or regulations.
Article 17
Operators shall listen to the opinions of consumers and consumer organizations on the goods or services they provide and accept supervision from consumers and consumer organizations.
Article 18
Operators shall ensure that the goods or services they provide, business premises, and service facilities meet the requirements for protecting personal and property safety. For goods and services that may endanger personal or property safety, operators shall provide truthful explanations and clear warnings to consumers, explain and indicate the correct methods of using the goods or receiving the services, and methods to prevent harm; for business premises and service facilities, appropriate safety measures shall be taken.
Article 19
If operators find defects in the goods or services they provide that may still endanger personal or property safety even when used correctly, they shall immediately take remedial measures such as warnings and recalls to prevent harm, record the remedial actions taken, and report to relevant administrative departments and inform consumers. Operators shall bear the reasonable expenses incurred by consumers as a result.
Article 20
If operators find or are legally recognized by relevant administrative departments that goods or services are unqualified, operators shall immediately stop producing or selling unqualified goods or stop providing services, take effective measures to inform consumers, and record relevant situations.
Article 21
Operators shall provide consumers with truthful information about goods or services and shall not engage in false advertising or false representation.
Operators shall respond truthfully and clearly to consumers' inquiries about the quality and usage of the goods or services they provide.
If goods or services have risks or special requirements, operators shall reasonably remind consumers to pay attention.
Operators shall clearly mark prices for goods or services provided.
Article 22
Advertising or commercial information disseminated via the Internet, mobile networks, mail, express delivery, email, SMS, and other communication networks shall comply with national regulations and clearly indicate the refusal channels. If consumers explicitly refuse, no further messages shall be sent.
Article 23
Operators shall indicate their real names and marks.
Operators renting others' counters or premises shall indicate their real names and marks.
Article 24
Operators providing goods or services shall issue purchase vouchers, service receipts, or invoices to consumers without charging any fees. If operators and consumers agree to provide these later, operators shall bear the reasonable expenses incurred by consumers.
Article 25
Operators shall ensure that the goods or services they provide have the quality, performance, purpose, and validity period that should be possessed under normal use; except when operators clearly inform consumers of defects before purchase or service acceptance.
If goods or services have a safe usage period or shelf life, operators shall clearly indicate it.
Operators who indicate the quality status of goods or services through advertisements, product descriptions, physical samples, or other means shall ensure that the actual quality of the goods or services matches the indicated quality status.
Article 26
Operators providing goods or services shall undertake the obligations of repair, replacement, and return (hereinafter referred to as "Three Guarantees"), and shall not deliberately delay or unreasonably refuse.
If the product has quality problems within seven days, the operator shall provide free return or replacement. If the product has quality problems within fifteen days, the operator shall be responsible for free replacement. If the product has quality problems after fifteen days, the operator shall be responsible for free repair according to national regulations or commitments to consumers. The repair time shall not be included in the "Three Guarantees" period. If the product cannot be used normally during the repair period, the operator shall provide a substitute product. If the product cannot be repaired within the warranty period or cannot be used normally after two repairs, the operator shall be responsible for free replacement or return, and the operator shall refund the payment in one lump sum when returning the product. For large items, if the consumer requests repair, replacement, or return, the operator shall be responsible for transportation.
If the warranty period is exceeded but still within the safe usage period or shelf life, the operator shall provide repair services.
Operators shall issue written certificates and maintenance records to consumers when fulfilling the "Three Guarantees" obligations and providing repair services.
The "Three Guarantees" period is calculated from the date the product is delivered, and for products requiring installation, it is calculated from the date installation is completed. For replaced products, the "Three Guarantees" period is recalculated from the date of replacement.
The provisions of this article apply to products, prizes, gifts, free services, etc., provided by operators in the form of discounted sales, prize sales, or giveaways.
Article 27
When operators use standard terms in contracts for providing goods or services to consumers, they shall take reasonable measures to draw consumers' attention to terms that have significant impact on consumer rights and explain those terms.
The standard terms used by operators shall not contain the following unfair or unreasonable content for consumers:
(1) Reducing or exempting the obligations that operators should bear;
(2) Reducing or exempting the civil liability that operators should bear for damaging consumers' legitimate rights and interests;
(3) Making consumers bear obligations or business risks that should be borne by operators;
(4) Increasing or aggravating consumers' obligations or responsibilities;
(5) Stipulating that operators have the right to arbitrarily change or terminate the contract, excluding or limiting consumers' rights to lawfully change or terminate the contract, or stipulating that operators have the sole right to interpret the contract;
(6) Excluding or limiting consumers' statutory rights to request dispute resolution, demand payment of liquidated damages, or claim compensation for damages;
(7) Other provisions that reduce or exempt operators' obligations or responsibilities, or exclude or limit consumers' main rights.
Standard terms in contracts for providing goods or services that contain the content listed in the preceding paragraph are invalid.
Advertisements, notices, statements, instructions, explanations, introductions, store announcements, consumer receipts, special agreements, data messages, short messages, clauses on web pages, and other content that meets the conditions of contract offers, as well as industry practices, industry norms, and industry rules cited by operators, are considered standard terms.
Article 28
Operators shall respect consumers' personal dignity and ethnic customs, shall not insult or slander consumers, shall not search consumers' bodies or their belongings, and shall not infringe on consumers' personal freedom.
Article 29
Operators shall not discriminate against consumers based on ethnicity, race, gender, occupation, family background, religious belief, education level, financial status, length of residence, nationality, region, etc., nor set unreasonable trading conditions or differential treatment.
Article 30
Operators providing goods or services shall ensure the integrity of goods and services, shall not unreasonably split goods and services for sale, shall not set minimum consumption standards, nor charge unreasonable additional fees.
Operators shall provide consumers with necessary usage guidance and after-sales service.
Article 31
When operators provide goods or services and need to reasonably collect necessary personal information of consumers, they shall inform and obtain consumers' consent, and provide consumers with free services to query, obtain, and modify their personal consumption records.
Operators are obligated to securely store, reasonably use, limit the retention period, and properly destroy collected consumer personal information. Except as otherwise provided by laws and regulations, operators shall not collect information unrelated to the provision of goods or services, shall not use it improperly, nor disclose, rent, sell, or transfer it.
Article 32
Market operators, organizers of product exhibitions and sales fairs, and counter lessors shall be responsible for reviewing the business licenses and operating qualifications of operators, exhibitors, and counter users, clarify the responsibilities of market participants for product and service quality and measurement management, regularly inspect the operating environment and conditions of operators, exhibitors, and counter users, urge them to display business licenses or entry permits in prominent locations, and promptly stop and report to relevant administrative departments any violations of this law by operators.
Article 33
Operators selling goods or providing services through online sales, TV sales, telephone sales, mail order, door-to-door sales, and other methods shall inform consumers of their name, business location, business scope, business license number, purchase conditions, contact information, etc., truthfully explain the product's name, price, basic performance, main components, usage methods, precautions, return and exchange methods, after-sales service, and other information in advance, keep relevant transaction vouchers and records, take security measures to ensure transaction safety and reliability, and provide goods or services as promised. The retention period for relevant transaction vouchers and records shall not be less than two years.
When goods are sold or services are provided through online sales, television sales, telephone sales, mail order, door-to-door sales, etc., if the consumer requests a return within fifteen days after receiving the goods, the operator shall refund the payment to the consumer within seven days from the date of receiving the returned goods.
Operators providing transaction platform services or information services for the above sales methods of goods or services shall strictly verify the authenticity and legality of the goods or services.
Article 34
Operators collecting advance payments from consumers shall ensure the safety of the advance payments by means such as paying a deposit, providing guarantees, or implementing escrow in accordance with relevant regulations.
Operators selling goods or providing services by means of advance payments shall provide the goods or services to consumers with guaranteed quality and quantity within the agreed period.
If the goods or services are not provided as agreed, the operator shall perform the agreement according to the consumer's request or refund the advance payment and its interest, and bear other reasonable expenses paid by the consumer.
Operators selling goods or providing services by means of advance payments shall not set restrictions such as non-refund of the overdue balance of the unused portion or expiration and invalidation.
Article 35
Operators dealing in important goods shall establish a system for recording purchase inspections, truthfully recording the name, specifications, quantity, production batch number, shelf life, supplier's name and contact information, purchase date, and other details of raw materials and goods. The purchase inspection records shall be authentic and kept for no less than two years.
The list of important goods shall be jointly announced by relevant departments such as the State Council's product quality supervision and industrial and commercial administration.
Chapter 4 Protection of Consumers' Legitimate Rights and Interests by the State
Article 36
When the state formulates laws, regulations, policies, and standards related to consumer rights and interests, it shall listen to the opinions and demands of consumers or consumer organizations.
Article 37
The state encourages the development of national consumer education, popularizing scientific and reasonable consumption concepts, legal knowledge of consumer rights protection, and consumer knowledge. Consumer education shall be included in the curriculum standards of relevant basic education subjects.
Article 38
People's governments at all levels are uniformly responsible for, lead, organize, and coordinate consumer rights protection work.
People's governments at all levels shall strengthen supervision, prevent acts that endanger consumers' personal and property safety, and promptly stop acts that harm consumers' personal and property safety.
Article 39
Industrial and commercial administrative departments at all levels and other relevant administrative departments shall, within their respective responsibilities and in accordance with the provisions of this law, take measures to protect consumers' legitimate rights and interests; if other laws and regulations have provisions on supervision and management, those provisions shall be followed.
Relevant administrative departments shall listen to the opinions of consumers and consumer organizations on operators' trading behaviors, product and service quality issues, accept consumer complaints and reports, and mediate and handle them in a timely and lawful manner.
Article 40
Relevant state organs shall, in accordance with laws and regulations, punish illegal and criminal acts by operators that infringe on consumers' legitimate rights and interests in the provision of goods and services.
Article 41
Relevant administrative departments of people's governments at all levels, when performing their duties to protect consumers' legitimate rights and interests according to law, have the authority to take the following measures:
(1) Enter business premises to conduct on-site inspections;
(2) Conduct sampling inspections of goods and services being operated;
(3) Investigate and understand the situation related to suspected infringement of consumers' legitimate rights and interests by questioning the legal representatives, principal persons in charge, and other relevant personnel of the parties involved;
(4) Review and copy relevant contracts, invoices, account books, and other related materials, but shall not disclose the operator's trade secrets;
(5) Seal or seize substandard goods, goods proven to have defects that endanger consumers' personal and property safety, goods that damage consumers' personal dignity or ethnic customs, as well as tools and equipment used for illegal business activities;
(6) Seal premises engaged in illegal business activities.
Article 42
People's courts shall take measures to facilitate consumers in filing lawsuits. Consumer rights disputes that meet the conditions for filing a lawsuit under the Civil Procedure Law of the People's Republic of China must be accepted and promptly tried.
Chapter 5 Consumer Rights Protection Committee
Article 43
The Consumer Rights Protection Committee is an organization established by the state in accordance with this law to socially supervise goods and services and protect consumers' legitimate rights and interests with public affairs management functions.
Article 44
The Consumer Rights Protection Committee performs the following functions:
(1) Publicize policies and laws related to consumer rights protection, carry out consumer education, and provide consumers with consumption information and consulting services through news releases and other means;
(2) Participate in the supervision and inspection of goods and services by relevant administrative departments, and conduct comparative tests and evaluations of goods and services;
(3) Represent and organize consumers to participate in the formulation of laws, regulations, policies, and standards related to consumer rights, reflect, inquire, and make suggestions to relevant departments on issues concerning consumers' legitimate rights and interests;
(4) Accept consumer complaints and investigate and mediate complaint matters;
(5) If the complaint involves issues of product and service quality, it can be submitted to the appraisal department for appraisal, and the appraisal department shall inform the appraisal conclusion;
(6) For acts that infringe upon consumers' legitimate rights and interests, support the injured consumers in filing lawsuits;
(7) Expose and criticize acts that infringe upon consumers' legitimate rights and interests through mass media.
(8) Other functions prescribed by laws and regulations.
People's governments at all levels shall support the Consumer Rights Protection Committees in performing their functions, provide necessary conditions for their work, allocate necessary personnel, and include the required funds in the financial budget of the same level.
Article 45
Consumer Rights Protection Committees shall not engage in commodity business and profit-making services, nor recommend products and services to the public for profit.
Chapter 6 Resolution of Disputes
Article 46
When disputes over consumer rights and interests arise between consumers and operators, they may be resolved through the following channels:
(1) Negotiation and settlement with the operator;
(2) Request mediation by the Consumer Rights Protection Committee;
(3) Appeal to relevant administrative departments or apply for mediation;
(4) Submit to arbitration institutions for arbitration according to the arbitration agreement reached with the operator;
(5) File a lawsuit with the people's court.
Article 47
Relevant administrative departments and Consumer Rights Protection Committees shall mediate consumer complaints and disputes in accordance with the law, and the parties may voluntarily reach a mediation agreement. If one party refuses to perform or performs improperly, the other party may apply to the people's court to confirm the validity of the mediation agreement. Once confirmed as legal and valid by the people's court, the other party may apply for enforcement by the people's court.
Article 48
Arbitration committees may formulate and implement simplified arbitration procedures suitable for handling consumer disputes and arbitrate small consumer disputes.
Article 49
People's courts may establish small claims consumer dispute courts to hear small consumer dispute cases.
Article 50
When consumers' legitimate rights and interests are damaged during the purchase or use of goods, they may request compensation from the seller. After compensation by the seller, if the responsibility belongs to the producer or other sellers who provided the goods to the seller, the seller has the right to seek recourse from the producer or other sellers.
Consumers or other victims who suffer personal or property damage due to product defects may request compensation from the seller or the producer. If it is the producer's responsibility, the seller has the right to seek recourse from the producer after compensation. If it is the seller's responsibility, the producer has the right to seek recourse from the seller after compensation.
When consumers' legitimate rights and interests are damaged while receiving services, they may request compensation from the contracted service provider or the actual service provider.
Article 51
When consumers' legitimate rights and interests are damaged during the purchase, use of goods, or receipt of services, if the original enterprise has undergone division or merger, the enterprise that assumes its rights and obligations shall bear the compensation responsibility. Division and merger agreements shall not harm consumers' legitimate rights and interests.
In the event of enterprise bankruptcy, consumer damage compensation shall be paid first.
Article 52
If an illegal operator using another's business license provides goods or services that damage consumers' legitimate rights and interests, consumers may request compensation from the operator or the business license holder. The business license holder shall bear joint and several liability. However, if the business license is stolen or misused, the business license holder shall not bear joint liability.
Article 53
When consumers purchase goods or receive services at commodity trading markets, exhibitions, rental counters, and other business places, if their legitimate rights and interests are damaged, they may request compensation from the seller or service provider; the operators of commodity trading markets, exhibition organizers, and counter providers have the obligation to assist consumers in obtaining compensation. In cases where the operator of goods or services withdraws from the market, the exhibition ends, or the rental period of the counter expires, consumers may request compensation from the commodity trading market operator, exhibition organizer, or counter lessor. After compensation by these parties, if the responsibility belongs to the relevant operators, they have the right to seek recourse from the seller or service provider.
When consumers purchase goods or receive services through online sales, TV sales, telephone sales, mail order, door-to-door sales, and other methods, if their legitimate rights and interests are damaged, they may request compensation from the seller or service provider; operators providing transaction platform services or information services for the above sales methods who fail to fulfill the obligations stipulated by this law and cause losses to consumers shall bear joint and several liability.
Article 54
If an operator deceives or misleads consumers with false advertising, causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, consumers may request civil compensation from the operator; advertising operators and advertisers who design, produce, act as agents, or publish in violation of the Advertising Law shall bear joint and several liability. Advertising operators and advertisers who cannot provide the true name and address of the advertiser shall bear full civil liability.
Natural persons, legal persons, or other organizations that violate the Advertising Law by endorsing, certifying, or recommending products or services in false advertisements, causing damage to consumers' legitimate rights and interests, shall bear joint and several liability according to law.
Chapter 7 Legal Liability
Article 55
Operators who provide goods or services in violation of the obligations stipulated by this law and harm the legitimate rights and interests of consumers shall bear civil liabilities such as stopping infringement, removing obstacles, eliminating dangers, apologizing, eliminating effects, restoring reputation, repairing, redoing, replacing, returning goods, supplementing the quantity of goods, refunding the payment for goods and service fees, compensating losses, and reasonable expenses paid by consumers in accordance with this law and relevant laws and regulations.
Article 56
Operators who provide goods or services that cause personal injury to consumers or other victims shall compensate for reasonable expenses incurred for medical treatment and rehabilitation such as medical fees, nursing fees, and transportation fees, as well as income lost due to work absence; if disability is caused, they shall also compensate for the cost of living aids for the disabled and disability compensation.
Article 57
Operators who provide goods or services that cause death to consumers or other victims shall also compensate for funeral expenses and death compensation.
Article 58
Operators who provide goods or services that cause personal injury or death to consumers or other victims, the consumers, other victims, or their close relatives may request compensation for mental damages.
Article 59
Operators who have any of the following circumstances shall stop infringement, restore reputation, eliminate effects, apologize, and compensate for losses:
(1) Infringing on the personal freedom of consumers;
(2) Insulting or defaming consumers, infringing on consumers' personal dignity;
(3) Illegally searching consumers' bodies and the items they carry;
(4) Illegally collecting, using, disclosing, renting, selling,
or transferring consumers' personal information;
(5) Discriminating against consumers based on ethnicity, race, gender, occupation, family background, religious belief, education level, property status, length of residence, nationality, region, etc., setting unreasonable trading conditions or differential treatment, with serious circumstances;
(6) Causing permanent loss or damage to items that have symbolic significance to the consumer's personality.
If operators have the circumstances stipulated in the preceding paragraph, consumers may request compensation for mental damages.
Article 60
Operators who provide goods or services that cause property damage to consumers shall bear civil liability according to consumers' requests by means of repair, redoing, replacement, return, supplementing the quantity of goods, refunding the payment for goods and service fees, or compensating losses. If consumers and operators have other agreements, they shall perform according to the agreements.
Article 61
If operators discover or are legally recognized by relevant administrative departments that goods are unqualified, and consumers request a return, operators shall be responsible for the return and compensate for the losses caused.
Article 62
Operators who commit fraud, coercion, or forced transactions when providing goods or services shall compensate consumers for losses, and consumers may also request punitive damages from operators up to ten times the price paid for the goods or the cost of services received.
The following circumstances constitute fraudulent behavior when operators provide goods or services:
(1) Adulterating, mixing, passing off fake goods as genuine, substituting inferior goods for superior ones, producing or selling goods that are banned by the state, expired, invalid, or deteriorated, or using such goods when providing services;
(2) Producing or selling goods known or should be known to be defective;
(3) Making false propaganda or false statements about goods or services;
(4) Cheating consumers out of payment or fees without providing goods or services as agreed;
(5) Using deceptive means to lower service standards, reduce or increase service items;
(6) Unreasonably splitting the sale of goods and services, adding charges beyond the marked price, forcing minimum consumption charges, or charging other unreasonable fees;
(7) Other fraudulent acts.
Article 63
If operators produce or sell goods with any of the following circumstances and cannot prove that they did not defraud consumers, it shall be deemed as fraudulent behavior:
(1) Goods infringing on others' registered trademark rights, patent rights, copyrights, and other intellectual property rights;
(2) Goods sold without using their real names and marks, forging places of origin, or forging or misusing others' enterprise names or personal names;
(3) Goods forging or misusing others' unique names, packaging, or labels;
(4) Goods forging or misusing certification marks, famous brand marks, and other quality marks;
(5) Goods that should be inspected, quarantined, or mandatorily certified but have not been inspected, quarantined, or certified;
(6) Forging or altering inspection, quarantine, or certification results of goods;
(7) Goods that fail inspection or quarantine.
Article 64
If an operator has any of the following circumstances, they shall be ordered to make corrections within a time limit and fined up to 200,000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and fined between 200,000 and 500,000 yuan. Illegal production and operation goods may be confiscated:
(1) Violating the provisions of Article 18 of this law by failing to fulfill the obligation to ensure consumer safety;
(2) Violating the provisions of Articles 19 and 20 of this law by failing to take timely remedial measures or stop producing and operating unqualified goods;
(3) Violating the provisions of Article 25 of this law by failing to clearly indicate the safe usage period or shelf life, or providing goods and services whose quality does not guarantee the required quality status;
(4) Violating the provisions of Article 26 of this law by refusing to fulfill the "Three Guarantees" obligations as required or deliberately delaying and unreasonably refusing;
(5) Violating the provisions of Article 27 of this law by using unfair or unreasonable standard terms to infringe on consumers' legitimate rights and interests;
(6) Violating the provisions of Articles 28, 29, and 31 of this law by infringing on consumers' personal rights and other legitimate rights and interests;
(7) Violating the provisions of Article 34 of this law by infringing on consumers' legitimate rights and interests through advance payment methods.
Article 65
If an operator has any of the following circumstances, they shall be ordered to make corrections within a time limit and fined up to 100,000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and fined between 100,000 and 200,000 yuan:
(1) Violating the provisions of Article 21 of this law by failing to fulfill the obligation to remind consumers;
(2) Violating the provisions of Article 23 of this law by failing to indicate their true name or mark;
(3) Violating the provisions of Articles 24 and 26 of this law by refusing to issue shopping vouchers, service receipts, invoices, or written certificates and maintenance records as required;
(4) Violating the provisions of Article 30 of this law by unreasonably splitting the sale of goods and services, setting minimum consumption standards, or charging unreasonable additional fees;
(5) Violating the provisions of Article 32 of this law by failing to fulfill obligations of review, inspection, and reporting;
(6) Violating the provisions of Article 33 by failing to fulfill obligations of review, notification, explanation, recording, refunding, etc.; (7) Violating the provisions of Article 35 of this law by failing to fulfill the obligation of purchase inspection records.
Article 66
The penalties stipulated in this law shall be implemented in accordance with the provisions of other laws and regulations regarding the penalizing authorities and methods; if other laws and regulations do not provide, the industrial and commercial administrative departments and relevant departments shall implement according to their respective responsibilities based on this law.
Article 67
If an operator is dissatisfied with an administrative penalty decision, they may apply for reconsideration within sixty days from the date of receipt of the penalty decision; if dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within fifteen days from the date of receipt of the reconsideration decision; they may also directly file a lawsuit with the people's court.
Article 68
Those who obstruct relevant administrative department staff from performing their duties according to law by violence, threats, or other means shall be held criminally responsible according to law; those who obstruct relevant administrative department staff from performing their duties according to law without using violence or threats shall be punished by the public security organs in accordance with the "Law of the People's Republic of China on Penalties for Administration of Public Security."
Article 69
If state organs or staff of consumer rights protection committees neglect their duties or shield operators infringing on consumers' legitimate rights and interests, they shall be disciplined by their unit or higher authorities; if the circumstances are serious and constitute a crime, they shall be held criminally responsible according to law.
Article 70
Operators who infringe on consumers' legitimate rights and interests shall bear civil compensation liability and pay fines and penalties; if their property is insufficient to pay both, they shall first bear civil compensation liability.
Article 71
Violations of the provisions of this law that constitute a crime shall be held criminally responsible according to law.
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