If you buy fake cigarettes or wine, the "Consumer Rights and Interests Protection Law" stipulates that "one will be refunded and three will be compensated", and the "Food Safety Law" stipulates that "one counterfeit will be punished with ten". The "Consumer Rights and Interests Protection Law" targets the consumption of general commodities, while the "Food Safety Law" is a law specifically targeting the food field. According to the classification of the Industrial and Commercial Bureau, wine is a type of food.

So, when encountering the problem of counterfeit wine, consumers can choose which law applies. The new "Consumer Rights Protection Law" came into effect on March 15, 2014. Among them, the amount of compensation for operators suspected of consumer fraud has been significantly increased. Not only has the amount of compensation been increased to "three times", that is, "one will be refunded, three will be compensated", but the "guaranteed amount" of consumer compensation is also stipulated to be 500 yuan, that is, the amount of compensation is insufficient. If the price is 500 yuan, it will be calculated as 500 yuan. Extended information

In order to implement the relevant requirements of the Standing Committee of the National People's Congress and the State Council and further protect the legitimate rights and interests of consumers, in accordance with the provisions of the Consumer Rights Protection Law and other relevant laws and regulations, the State Administration for Industry and Commerce has drafted the "The People's Republic of China and the The Regulations for the Implementation of China's Consumer Rights Protection Law (Draft for Review) (hereinafter referred to as the Draft for Review) shall be submitted to the State Council.

Original text of the Implementing Regulations

Chapter 1 General Provisions

Article 1 In accordance with the "Consumer Rights and Interests Protection Law of the People's Republic of China" (hereinafter referred to as the "Consumer Rights and Interests Protection Law") (Protection of Rights and Interests Law of the People's Republic of China), this Regulation is formulated.

Article 2 Consumers who purchase and use goods or receive services for daily consumption needs, their rights and interests are protected by these regulations. However, this regulation does not apply to natural persons, legal persons or other organizations who purchase, use goods or receive services for the purpose of profit.

Article 3 People’s governments at all levels shall strengthen leadership, organize, coordinate, and supervise relevant administrative departments to do a good job in protecting consumers’ legitimate rights and interests, research and formulate measures to protect consumer rights and interests, and promote the protection of consumer rights and interests. Standardize construction, standardize market order, and implement responsibilities for protecting the legitimate rights and interests of consumers in accordance with the law.

People's governments at all levels and relevant administrative departments should, within their respective powers, comprehensively use various means, innovate supervision and service methods, strengthen consumer knowledge publicity and education, handle consumer complaints and reports, and investigate and deal with infringements. Violations of consumer rights.

Article 4 Consumer organizations, industry organizations and other social organizations and mass media should take measures to conduct social supervision of the goods or services provided by operators, and give full play to the role of social organizations and mass media in protecting consumers. It plays a role in the legitimate rights and interests of consumers and provides social protection for consumers.

Article 5: Protecting the legitimate rights and interests of consumers is the common responsibility of the whole society. Consumer rights protection that combines government supervision, operator self-discipline, social supervision, and consumer participation should be established and improved. The social and political structure of the country.

Chapter 2 General Provisions on Consumer Rights and Operators’ Obligations

Article 6: Consumption venues, service facilities, store decorations, product displays, and networks provided by operators for consumers The environment and other places and facilities should meet the requirements for ensuring personal and property safety; for places and facility conditions that may endanger the personal and property safety of consumers, operators should set safe instructions and warning signs in a conspicuous manner, and take necessary safety measures. protective measures.

Operators that provide high-risk sports and entertainment services to consumers or use large-scale amusement facilities to provide entertainment services must have the technical conditions and facilities to ensure the personal safety of consumers and establish a strict safety management system.

When the personal and property safety of consumers are in danger or illegally infringed upon in the places and facilities provided by the operator, the operator shall provide assistance.

Article 7 If operators find that the goods or services they provide are defective and endanger personal or property safety, they shall immediately report to the relevant administrative departments and inform consumers, and take measures to stop sales, warn, Recall, harmless treatment, destruction, suspension of production or service and other measures.

If recall measures are taken, operators who produce or import goods shall formulate recall plans, publish recall information, and keep complete recall records. The necessary expenses incurred due to the recall of goods shall be borne by the operators who produce or import the goods. Relevant operators such as sellers, repairers, parts production suppliers, entrusted production enterprises, and other service providers shall assist operators who produce or import goods to implement recalls.

Defects refer to common defects in consumer products of the same batch, model or category due to design, manufacturing, warning signs, etc. that do not meet national standards and industry standards to ensure the safety of people and property. situations or other unreasonable dangers that endanger personal or property safety.

Article 8 If defects in durable goods or decoration, home appliance repair, motor vehicle repair, digital product repair and other services are discovered within six months from the date of delivery of the goods or provision of services and disputes arise, the operator cannot If it is proved that the defect is not caused by the quality problems of the goods or services themselves, corresponding legal liability shall be borne.

Durable goods refer to goods with a long service life, high technological content, and consumers may lack comprehensive cognitive abilities, including but not limited to motor vehicles, computers, televisions, refrigerators, air conditioners, Washing machines, mobile phones, cameras, video cameras, etc.

Article 9: Where operators provide free goods or services to consumers in the form of rewards or gifts, the goods or services shall meet the mandatory standards for protecting personal and property safety or there shall be no other dangers to personal life. , unreasonable risk to property safety.

Reference: Baidu Encyclopedia: Consumer Rights Protection Law of the People's Republic of China