Soliciting Opinions on the "Consumer Protection Law (Revised Draft for Review)"
Release Time:
2010-11-05 21:06
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 of the law 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 1 General Provisions
Article 1
To protect the legitimate rights and interests of consumers and maintain social and economic order and social public interests to promote the healthy development of the socialist market economy and social harmony and stability this law is formulated.
Article 2
Consumers who purchase, use goods or receive services their rights and interests are protected by this law; where this law does not provide, they are protected by other relevant laws and regulations.
Consumers referred to in this law are natural persons who purchase, use goods or receive services not for production or business purposes.
Article 3
Operators providing goods or services to consumers must comply with this law; where this law does not provide, they must comply with other relevant laws and regulations. Operators referred to in this law are natural persons, legal persons, and other organizations engaged in the production, operation, or provision of services of goods.
Article 4
Operators and consumers shall conduct transactions based on the principles of voluntariness, equality, fairness, and good faith,
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 their 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, and 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 shall 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 2 Consumers' Rights
Article 7
Consumers have the right to personal and property safety 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 for protecting 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 to request operators to provide relevant information such as the price, origin, producer, purpose, performance, specifications, grade, main ingredients, production date, expiration date, inspection certificate, user manual, after-sales service of goods, or the content, specifications, and fees of services according to different goods or services.
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 varieties 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 online sales, TV sales, telephone sales, mail order, door-to-door sales, and other sales methods, 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 obtain 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
消费者享有公平交易的权利。
消费者在购买商品或者接受服务时,有权获得质量保障、价格合理、计量正确等公平交易条件,有权拒绝经营者的强制交易行为。
第十一条
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 organizations to safeguard their legitimate rights and interests.
Article 13
Consumers have the right to acquire knowledge related to consumption and consumer rights protection.
Consumers should strive to master the knowledge and skills needed for the goods or services, use the goods correctly, and enhance 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 negligent 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 fulfill 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 commitment to the consumer, , it shall be fulfilled according to the agreement or commitment, , but the agreement or commitment shall not violate laws and 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. 的监督。
Article 18
Operators shall ensure that the goods or services they provide, business premises, 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 consumers with truthful explanations and clear warnings, and explain and indicate the correct methods of using the goods or receiving the services as well as methods to prevent harm; corresponding safety measures shall be taken for business premises and service facilities.
Article 19
If operators discover defects in the goods or services they provide that may still pose a risk to personal or property safety even when used correctly or services are properly received, 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 discover 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 provide truthful and clear answers 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.
Operators providing goods or services shall clearly mark prices.
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 method; if consumers explicitly refuse, sending shall not continue.
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 receipts and service documents 出具购货凭证、服务单据 Or invoice, and no additional fees shall be charged. If the operator and the consumer agree to provide it later, the operator shall bear the reasonable expenses incurred by the consumer as a result.
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 of the goods or acceptance of the services; however, before the consumer purchases the goods or accepts the services, The operator clearly informs the consumer Except for defects.
If the goods or services have a safe usage period or shelf life, the operator shall clearly indicate it.
If the operator indicates the quality status of the goods or services through advertisements, product descriptions, physical samples, or other means, it shall ensure that the actual quality of the goods or services provided matches the indicated quality status.
Article 26
Operators providing goods or services shall bear the obligations of repair, replacement, and return (hereinafter referred to as "Three Guarantees") , and shall not deliberately delay or unreasonably refuse.
If the goods have quality problems within seven days, the operator shall provide free returns or replacements. If quality problems occur within fifteen days, the operator shall bear the responsibility for free replacement. If quality problems occur after fifteen days, the operator shall bear the responsibility for free repair according to national regulations or commitments to consumers. Repair time shall not be counted within the "Three Guarantees" period. If the goods cannot be used normally during the repair period, the operator shall provide substitute goods. If the goods cannot be repaired within the repair 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 upon return. For large goods, if the consumer requests repair, replacement, or return, the operator shall be responsible for transportation.
If the repair period is exceeded but still within the safe usage period or shelf life, the operator shall provide repair services.
Operators fulfilling the "Three Guarantees" obligations and providing repair services shall issue written certificates and maintenance records to consumers.
The "Three Guarantees" period is calculated from the date the goods are delivered, and for those requiring installation, from the date installation is completed. For replaced goods, the "Three Guarantees" period is recalculated from the date of replacement.
Goods, prizes, gifts, free services, etc., provided by operators in the form of discounted sales, prize sales, or giveaways are subject to the provisions of this article.
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 significantly affect consumers' rights and interests 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, Exempting operators from civil liability for damaging consumers' legitimate rights and interests;
(3) Shifting obligations and business risks that should be borne by operators to consumers;
(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 sole interpretation rights of the contract;
(6) Excluding or limiting consumers' statutory rights to request dispute resolution, demand penalty payments, or claim damages;
(7) Other provisions that reduce or exempt operators' obligations or responsibilities or exclude or limit consumers' main rights.
Contracts for goods or services provided by operators containing the content listed in the preceding paragraph standard terms, are invalid.
Advertisements, notices, statements, instructions, explanations, introductions, in-store announcements, consumption 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, and shall not insult or defame consumers, search consumers' bodies or belongings, or infringe on consumers' personal freedom.
Article 29
Operators providing goods or services shall not discriminate against consumers based on ethnicity, race, gender, occupation, family background, religious belief, education level, property 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 fees separately.
Operators shall provide consumers with necessary usage guidance and after-sales services.
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 and other personal information.
Operators have the obligation to securely store, reasonably use, hold for a limited time, and properly destroy the collected personal information of consumers. Except as otherwise provided by laws and regulations, operators shall not collect information unrelated to the goods or services provided, shall not use it improperly, nor disclose, rent, sell, or transfer it.
Article 32
Organizers of commodity trading markets, commodity 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 entrants for the quality and measurement management of goods and services, regularly inspect the operating environment and conditions of operators, urge market operators, exhibitors, and counter users to display their business licenses or trading permits in prominent locations, and promptly stop and report to the relevant administrative departments any operators found violating this law.
Article 33
When selling goods or providing services through online sales, TV sales, telephone sales, mail order, door-to-door sales, etc., the operator shall inform consumers of their name, business location, business scope, business license number, purchase conditions, contact information, and other relevant details. They shall truthfully explain the name, price, basic performance, main components, usage methods, precautions, return and exchange methods, after-sales service, and other information of the goods to consumers 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 selling goods or providing services through online sales, TV 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 shall strictly review 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 deposits, providing guarantees, or implementing escrow in accordance with relevant regulations.
Operators selling goods or providing services by advance payment shall provide the goods or services to consumers with guaranteed quality and quantity within the agreed period.
If the operator fails to provide as agreed, they 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 advance payment shall not set restrictions such as non-refund of the overdue balance of the unused portion or expiration 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 name and contact information, purchase date, and other details of raw materials and goods. Purchase inspection records shall be authentic and kept for no less than two years.
The list of important goods shall be jointly announced by the relevant departments such as the State Council's product quality supervision and industrial and commercial administration.
Chapter 4 State Protection of Consumers' Legitimate Rights and Interests
Article 36
The state shall formulate laws, regulations, policies and standards and 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 endanger consumers' personal and property safety.
Article 39
Industrial and commercial administrative departments at all levels and other relevant administrative departments shall, in accordance with the provisions of this law and within their respective responsibilities, 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 consumers and consumer organizations. their opinions on operators' trading behaviors, goods, and service quality issues, accept consumer complaints, reports, mediate in a timely manner, and handle according to law.
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 sold;
(3) Investigate and understand the situation related to suspected infringement of consumers' legitimate rights and interests by questioning the legal representatives, main responsible persons, 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 when there is evidence proving the existence of defects that endanger the personal or property safety of consumers, or goods that harm the dignity of consumers, ethnic customs and habits, as well as tools and equipment used for illegal operations;
(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 established by the state in accordance with this law to conduct social supervision over goods and services and protect the legitimate rights and interests of consumers. It is an organization with public affairs management functions.
Article 44
Consumer Rights Protection Committee performs the following functions:
(1) Promote policies and laws related to the protection of consumer rights, carry out consumer education, and provide consumers with consumption information and consultation services through news releases and other means; Provide consumers with consumption information and consultation services;
(2) Participate in the supervision and inspection of goods and services by relevant administrative departments, conduct comparative tests and investigations 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, and regarding issues related to the legitimate rights and interests of consumers, reflect, inquire, and make suggestions to relevant departments; reflect, inquire, and make suggestions to relevant departments;
(4) Accept consumer complaints and investigate and mediate complaint matters;
(5) If complaint matters involve product and service quality issues, the committee may request appraisal departments to appraise, and the appraisal departments shall inform the appraisal conclusions;
(6) Initiate lawsuits on behalf of consumers who have suffered damages due to infringement of their legitimate rights and interests;
(7) Expose and criticize behaviors 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 Committee in performing its functions, provide necessary conditions for the committee to carry out its work, allocate necessary personnel, and include the required funds in the financial budget of the same level.
Article 45
Consumer Rights Protection Committee shall not engage in commodity trading and profit-making services, nor recommend goods and services to the public for profit.
Chapter 6 Resolution of Disputes
Article 46
Consumers and operators who have consumer rights disputes may resolve them through the following means:
(1) Negotiate and settle with the operator;
(2) Request mediation by the Consumer Rights Protection Committee; ;
(3) File complaints or apply for mediation with relevant administrative departments;
(4) Submit to arbitration institutions for arbitration according to arbitration agreements reached with operators;
(5) File a lawsuit with the people's court.
Article 47
Relevant administrative departments and the Consumer Rights Protection Committee shall mediate consumer complaints and disputes in accordance with the law. If both parties voluntarily reach a mediation agreement, and 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 compulsory 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 consumer dispute courts to hear cases involving small consumer disputes.
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.
If consumers or other victims suffer personal or property damage due to product defects, they 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 during the acceptance of services, they may request compensation from the contracted service provider, or they may also request compensation from the actual service provider. or they may also request compensation from the actual service provider.
Article 51
When consumers' legitimate rights and interests are damaged during the purchase, use of goods, or acceptance of services, if it is due to the original enterprise's division or merger, the enterprise assuming its rights and obligations shall bear the compensation responsibility. The 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 uses another's business license to provide goods or services and damages consumers' legitimate rights and interests, consumers may claim compensation from the operator or from the holder of the business license. The holder of the business license shall bear joint and several liability. However, if the business license is stolen or misused, the holder of the business license shall not bear joint liability.
Article 53
Consumers in commodity trading markets , exhibitions, rental counters, and other business premises purchase goods or accept services. If their legitimate rights and interests are damaged, they may claim 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 counter rental period expires, consumers may claim compensation from the operators of commodity trading markets , exhibition organizers, or counter lessors. After compensation by the operators of commodity trading markets, exhibition organizers, or counter lessors, if the responsibility belongs to the relevant operators, they have the right to seek recourse from the sellers or service providers.
Consumers who purchase goods or accept 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, may claim compensation from the sellers or service providers; 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 accept services, consumers may claim 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. If advertising operators and advertisers cannot provide the true name and address of the advertiser, they shall bear full civil liability.
Natural persons, legal persons, or other organizations that violate the Advertising Law by endorsing, certifying, or recommending goods 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 providing goods or services who violate the obligations stipulated by this law and damage consumers' legitimate rights and interests 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 payments and service fees, compensating losses, and reasonable expenses paid by consumers in accordance with this law and relevant laws and regulations.
Article 56
Operators providing goods or services that cause personal injury to consumers or other victims shall compensate medical expenses, nursing fees, transportation fees, and other reasonable expenses for treatment and rehabilitation, as well as income lost due to missed work; if disability occurs, they shall also compensate pay for disability aids and disability compensation. .
Article 57
Operators providing goods or services that cause death to consumers or other victims, shall also pay compensate funeral expenses and death compensation.
Article 58
Operators providing goods or services that cause personal injury or death to consumers or other victims may be requested by consumers, other victims, or their close relatives to compensate for mental damages.
Article 59
If operators have any of the following circumstances, they shall stop infringement, restore reputation, eliminate effects, apologize, and compensate for losses:
(1) Infringing on consumers' personal freedom;
(2) Insulting or defaming consumers, infringing on consumers' personal dignity;
(3) Illegally searching consumers' bodies and their carried items;
(4) Illegally collecting, using, disclosing, renting, or 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 with symbolic personal significance to consumers.
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 in accordance with the consumer's request, such as repair, rework, replacement, return, replenishment of goods quantity, refund of payment and service fees, or compensation for losses. If the consumer and the operator have other agreements, they shall be performed according to the agreement.
Article 61
If the operator discovers or goods identified as unqualified by relevant administrative departments according to law, and the consumer requests a return, the operator shall be responsible for the return, and compensate for the resulting losses.
Article 62
When operators provide goods or services, if there is fraud, coercion or forced transactions, they shall compensate consumers for losses. Consumers may also demand punitive damages from the operator up to ten times the purchase price of the goods or the cost of the services received.
The following circumstances constitute fraudulent behavior when operators provide goods or services:
(1) Mixing, adulterating, passing off fake goods as genuine, substituting inferior goods for better ones, producing or selling goods that are officially banned, expired, ineffective, 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 advertisements or false representations about goods or services;
(4) Cheating consumers out of payment 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 fees, or charging other unreasonable fees;
(7) Other fraudulent acts.
Article 63
If operators produce or sell goods under any of the following circumstances and cannot prove that they did not defraud consumers, it shall be deemed fraudulent behavior:
(1) Goods infringing on others' registered trademark rights, patent rights, copyrights, or other intellectual property rights;
(2) Selling goods not under their real name or mark, forging the place of origin, or forging or misusing others' enterprise names or personal names;
(3) Forging or misusing others' unique product names, packaging, or labels;
(4) Forging or misusing certification marks, famous brand marks, or 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 operators have 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. Goods produced or operated illegally may be confiscated:
(1) Violating Article 18 of this law by failing to fulfill the obligation to ensure consumer safety;
(2) Violating Articles 19 and 20 of this law by failing to take timely remedial measures or stop producing or operating unqualified goods;
(3) Violating Article 25 of this law by failing to clearly indicate the safe usage period or shelf life, or failing to guarantee the quality status of goods and services;
(4) Violating Article 26 of this law by refusing to fulfill the "Three Guarantees" obligations as required or deliberately delaying or unreasonably refusing;
(5) Violating Article 27 of this law by using unfair or unreasonable standard contract terms to infringe on consumers' legitimate rights and interests;
(6) Violating Articles 28, 29, and 31 of this law by infringing on consumers' personal rights and other legitimate rights and interests;
(7) Violating Article 34 of this law by infringing on consumers' legitimate rights and interests through advance payment methods.
Article 65
If operators have 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 Article 21 of this law by failing to fulfill the obligation to remind consumers;
(2) Violating Article 23 of this law by failing to indicate their real name or mark;
(3) Violating Articles 24 and 26 of this law by refusing to issue shopping receipts, service documents, invoices, written certificates, or maintenance records as required;
(4) Violating 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 Article 32 of this law by failing to fulfill obligations of review, inspection, and reporting;
(6) Violating Article 33 by failing to fulfill obligations of review, notification, explanation, record keeping, and refunding payments; (7) Violating Article 35 of this law by failing to fulfill the obligation to keep purchase inspection records.
Article 6+6
Penalties prescribed by this law , if other laws and regulations have provisions on the penalizing authority and penalty methods, shall be implemented in accordance with other laws and regulations; if other laws and regulations do not have provisions, the industrial and commercial administrative departments and relevant departments shall implement according to their respective duties based on this law.
Article 67
If an operator is dissatisfied with the administrative penalty decision, they may, within sixty days apply for reconsideration , if dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within fifteen days from the date of receiving the reconsideration decision; they may also directly file a lawsuit with the people's court.
Article 68
Anyone who obstructs the staff of relevant administrative departments from performing their duties according to law by means of violence, threats, etc., shall be held criminally responsible according to law; if obstructing the staff of relevant administrative departments from performing their duties according to law without using violence or threats, the public security organs shall impose penalties in accordance with the "Law of the People's Republic of China on Penalties for Administration of Public Security."
Article 69
State organs 、 Consumer Rights Protection Committee Staff who neglect their duties or shield operators infringing on consumers' legitimate rights and interests shall be disciplined by their unit or superior authority; if the circumstances are serious and constitute a crime, criminal responsibility shall be pursued 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 simultaneously, civil compensation liability shall be borne first.
Article 71
Violations of the provisions of this law that constitute a crime shall be investigated for criminal responsibility according to law.
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