1. How to identify price gouging

Price gouging is mainly identified as the following situations:

"Price Law"

Tenth Article 4

Business operators shall not engage in the following unfair pricing practices: (1) colluding with each other to manipulate market prices and harming the legitimate rights and interests of other operators or consumers; (2) reducing prices of fresh commodities in accordance with the law , seasonal commodities, overstocked commodities and other commodities, in order to squeeze out competitors or monopolize the market, dumping at prices below cost, disrupting the normal production and operation order, harming national interests or the legitimate rights and interests of other operators; (3) fabricating, Spreading price increase information, driving up prices, and promoting excessive increases in commodity prices; (4) Using false or misleading pricing methods to trick consumers or other business operators into conducting transactions with them; (5) Providing the same goods or services, Implementing price discrimination against other operators with the same trading conditions; (6) Purchasing and selling goods or providing services by raising or lowering the grade, thereby raising or lowering prices in disguise; (7) Violating the provisions of laws and regulations to seek huge profits ; (8) Other unfair pricing practices prohibited by laws and administrative regulations.

Price gouging

2. What laws are violated by price gouging

According to the relevant laws and regulations of our country, the laws violated by price gouging include price laws and administrative penalties for price violations. According to regulations and other laws, the price authorities will impose corresponding penalties. Article 14 of the "Price Law of the People's Republic of China" Operators shall not engage in the following unfair pricing practices: (1) colluding with each other to manipulate market prices and harming the legitimate rights and interests of other operators or consumers; (2) in In addition to lowering prices of fresh goods, seasonal goods, overstocked goods and other goods in accordance with the law, in order to squeeze out competitors or monopolize the market, dumping at prices below cost disrupts the normal production and operation order and harms national interests or the legitimate rights and interests of other operators. ; (3) Fabricating and disseminating price increase information, driving up prices, and promoting excessive increases in commodity prices; (4) Using false or misleading pricing methods to trick consumers or other business operators into conducting transactions with them; (5) Providing the same goods or services and practicing price discrimination against other operators with the same trading conditions; (6) Purchasing and selling goods or providing services by raising or lowering the grade, thereby raising or lowering the price in disguised form; (7) Violating the law , seeking huge profits in accordance with the provisions of laws and regulations; (8) other unfair price behaviors prohibited by laws and administrative regulations. Article 40 If an operator commits any of the acts listed in Article 14 of this Law, he shall be ordered to make corrections, his illegal gains shall be confiscated, and he may be fined not more than five times of his illegal gains; if he has no illegal gains, he shall be given a warning and may also be fined ; If the circumstances are serious, the company may be ordered to suspend business for rectification, or the business license may be revoked by the industrial and commercial administration authorities. If the relevant laws have other provisions on the penalties and punishment authorities for the acts listed in Article 14 of this Law, they may be implemented in accordance with the provisions of the relevant laws. If the acts listed in Items (1) and (2) of Article 14 of this Law are nationwide, they shall be determined by the price department of the State Council; if they are provincial or sub-provincial, they shall be determined by the provinces, autonomous regions, Identified by the price department of the people's government of the municipality directly under the Central Government.

3. How to sentence the crime of price gouging

The "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Impede the Prevention and Control of Sudden Infectious Diseases and Other Disasters" issued by the two top governments It stipulates: "Anyone who violates the state's relevant market operations and price management regulations during the prevention and control of sudden infectious disease epidemics and other disasters, drives up prices, seeks huge profits, seriously disrupts market order, has a large amount of illegal gains, or has other serious circumstances shall be punished in accordance with the Criminal Law According to the provisions of Article 225 (4), those who are convicted of the crime of illegal business shall be severely punished in accordance with the law. "Article 225 of the "Criminal Law" The crime of illegal business violates national regulations and involves one of the following illegal business behaviors. , who disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than five years and not more than five times the illegal income. A fine of not less than 10 times but not more than 5 times or confiscation of property: (1) Unauthorized operation of special items, monopoly items or other restricted items stipulated in laws and administrative regulations; (2) Buying and selling import and export licenses, import and export certificates of origin, and Other business licenses or approval documents stipulated in laws and administrative regulations; (3) Illegal operations of securities, futures, and insurance businesses without approval from relevant state authorities, or illegal fund payment and settlement business; (4) Other serious disruptions Illegal business practices in the market order.