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How to deal with substandard product quality
According to the provisions of Article 122 of the "General Principles of the Civil Law": Caused by substandard product quality If another person's property or person is damaged, the manufacturer or seller of the product shall bear civil liability in accordance with the law. If the transporter or warehouse is responsible, the product manufacturer or seller has the right to claim compensation for losses.
Counterfeit products refer to the use of untrue factory names, factory addresses, trademarks, product names, product logos, etc., so that customers and consumers mistakenly believe that the product is genuine. Counterfeit products refer to products that are of poor quality or have lost their usability. Counterfeit and shoddy products mainly include the following situations: (1) Forging or using quality marks and license marks such as certification marks, famous brand product marks, inspection exemption marks, etc.; (2) Forging or using false origins; (3) Forging or impersonating another person’s factory name or address;
According to the regulations of the Ministry of Public Security of the Supreme People’s Procuratorate on the standards for filing and prosecution of criminal cases under the jurisdiction of the public security organs (1) Article 16:
< p>Producers or sellers who adulterate or adulterate their products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products as qualified products, and are suspected of any of the following circumstances, shall file a case for prosecution:< p>1. The sales amount of counterfeit and shoddy products exceeds 50,000 yuan;2. The counterfeit and shoddy products have not yet been sold, and the value of the goods exceeds 150,000 yuan;
3. The sales of counterfeit and shoddy products The amount is less than 50,000 yuan, but after multiplying the sales amount three times, the total value of the unsold counterfeit and substandard products exceeds 150,000 yuan.
What should be noted here is:
1. "Adulteration, adulteration" refers to the inclusion of impurities or foreign matter in the product, resulting in product quality that does not comply with national laws and regulations. Or the product expressly states the quality requirements stipulated in the quality standard, reducing or losing its intended use performance;
2. "Passing off the fake as the real thing" refers to using a product that does not have a certain use performance to pass it off as having the same use performance. The behavior of using high-performance products;
3. "Passing off inferior products as good ones" refers to using low-grade or low-grade products as high-grade or high-grade products, or using defective or waste parts and components as combinations, The act of passing off as genuine or new products after assembly;
4. "Substandard products" refer to products that do not meet the quality requirements stipulated in the "People's Republic of China and Domestic Product Quality Law".
If the above-mentioned behavior is difficult to determine, a product quality inspection agency stipulated in laws and administrative regulations should be entrusted to conduct identification.
5. "Sales amount" refers to all illegal income earned and due by producers and sellers after selling counterfeit and shoddy products;
6. "Amount of goods value" refers to The price of counterfeit and inferior products produced and sold illegally shall be calculated; if there is no price, the price shall be calculated according to the market middle price of similar qualified products.
If the value of the goods is difficult to determine, in accordance with the provisions of the "Measures for the Administration of Valuation of Seized, Recovered and Confiscated Items", a valuation agency shall be entrusted to determine it.
So, your three thousand If there are too many, the case should not be filed.