Question 1: How should cases involving three-no products be handled and based on which laws and regulations? "How to deal with it": three channels: complaint, reporting and prosecution.
"Based on which laws and regulations": Consumer Rights Protection Law, Product Quality Law, Standardization Law, Measurement Law, etc.
Question 2: What are the three no-product penalties? According to Article 27 of the "Product Quality Law", generally speaking, three-no products refer to no brand; no manufacturer's logo; and no manufacturer's factory address mark. Please refer to the "Product Quality Law" for specific penalties. Chapter 5 Penalty Provisions Article 49 Whoever produces or sells products that do not comply with national standards or industry standards that protect human health and personal and property safety shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and shall be fined Those who produce and sell products (including sold and unsold products, the same below) shall be fined not less than three times the value of the goods; if there are any illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 50: Anyone who adulterates or adulterates products, passes off fake products as genuine products, passes off substandard products as good products, or passes off unqualified products as qualified products shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and shall be fined for illegal production. , a fine of not less than 50% but not more than three times the value of the products sold; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 51 Anyone who produces products that the state has explicitly ordered to eliminate or sells products that the state has explicitly ordered to eliminate and stop selling shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine equal to the value of the illegally produced and sold products shall be imposed. The following fines shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked. Article 52 Anyone who sells expired or spoiled products shall be ordered to stop selling, the illegally sold products shall be confiscated, and a fine of less than twice the value of the illegally sold products shall be imposed; if there are any illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the illegal gains shall be confiscated. If it constitutes a crime, the business license will be revoked; if it constitutes a crime, criminal responsibility will be investigated in accordance with the law. Article 53 Anyone who forges the origin of a product, forges or falsely uses the name or address of another person's factory, or forges or falsely uses certification marks or other quality marks shall be ordered to make corrections, and the products illegally produced and sold shall be confiscated and shall be fined for illegally produced and sold products. A fine equal to the value of the goods shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked. Article 54 If the labeling of a product does not comply with the provisions of Article 27 of this Law, it shall be ordered to make corrections; if the labeling of a packaged product does not comply with the provisions of Items (4) and (5) of Article 27 of this Law, the circumstances In serious cases, the company will be ordered to stop production and sales, and a fine of less than 30% of the value of the illegally produced and sold products will be imposed; if there are illegal gains, the illegal gains will be confiscated. Article 55 If a seller sells products that are prohibited from sale under Articles 49 to 53 of this Law and has sufficient evidence to prove that he does not know that the product is prohibited from sale and truthfully explains the source of his purchase, he may A lighter or reduced punishment. Article 56 Anyone who refuses to accept product quality supervision and inspection conducted in accordance with the law shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be ordered to suspend business for rectification; if the circumstances are particularly serious, his business license shall be revoked. Article 57 If a product quality inspection agency or certification agency forges inspection results or issues false certificates, it shall be ordered to make corrections, and the unit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the directly responsible person in charge and other directly responsible persons shall be fined. A fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the inspection qualification and certification qualification shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If the inspection results or certificates issued by product quality inspection agencies and certification agencies are untrue and cause losses, they shall bear corresponding liability for compensation; if they cause major losses, their inspection qualifications and certification qualifications will be revoked. If a product quality certification agency violates the provisions of Paragraph 2 of Article 21 of this Law and fails to require it to make corrections or cancel its qualification to use certification marks for products that do not meet certification standards and uses certification marks, it shall not For losses caused by standards to consumers, the producers and sellers of the products shall bear joint and several liability; if the circumstances are serious, their certification qualifications shall be revoked.
Article 58 If social groups or social intermediary agencies make commitments and guarantees on product quality, but the products do not meet the quality requirements of their commitments and guarantees, causing losses to consumers, they shall be jointly and severally liable with the producers and sellers of the products. responsibility. Article 59 Anyone who makes false propaganda about product quality in advertisements to deceive and mislead consumers shall be held legally responsible in accordance with the provisions of the Advertising Law of the People's Republic of China. Article 60 Raw and auxiliary materials, packaging materials and production tools used by producers specifically to produce the products listed in Articles 49 and 51 of this Law or passed off as genuine products shall be confiscated. Article 61: Know... >>
Question 3: If something goes wrong after using a three-no product, what should I do *** Article 55 of the "Consumer Rights and Interests Protection Law" stipulates: Operators If there is fraud in the provision of goods or services, the compensation for the losses suffered by the consumer shall be increased according to the requirements of the consumer. The amount of the increased compensation shall be three times the price of the consumer for purchasing the goods or the fee for receiving the service; the amount of the increased compensation shall be less than 500 yuan. Yes, it’s five hundred yuan. If the law provides otherwise, such provisions shall prevail.
Article 43 of the Tort Liability Law stipulates: If damage is caused by a defect in a product, the infringed party may request compensation from the manufacturer of the product or the seller of the product.
If product defects are caused by the manufacturer, the seller has the right to recover compensation from the manufacturer after making compensation.
If a product is defective due to the fault of the seller, the manufacturer shall have the right to recover compensation from the seller after making compensation.
According to the above legal provisions, if a product defect causes damage to a consumer, the consumer can require either the seller to bear responsibility or the producer to bear responsibility. In addition, selling three-no products is considered fraud and you can claim triple compensation.
Question 4: What does "Three No Products" mean? "Three-no products" is not a legal concept, but has now become a relatively popular term. It generally refers to products without production date, quality certificate (or production license) and name of the production factory. There is also a saying: "Three-no products" are products without There is no production factory name, no production factory address, and no production health license code. It is also said that there is no factory name, no address, and no trademark.
Generally speaking, "The People's Republic of China and the The Domestic Product Quality Law stipulates that there must be a Chinese factory name, Chinese factory address, phone number, license number, product logo, production date, Chinese product instructions, and if necessary, qualitative or suggestive instructions, etc., anything missing will be ignored. Considered as unqualified products. If one of the above requirements is missing, it can be regarded as a "three-component product".
If the relevant product is produced by the manufacturer and is in circulation, or is being sold by the merchant, it can be reported to the manufacturer. Report to the Quality Supervision Bureau, Industrial and Commercial Administration Bureau and other relevant departments. If consumers have purchased such products, they can request a refund for one in accordance with the Consumer Rights Protection Law.
Question 5: One is fake. The new consumer law takes effect. The new consumer law stipulates that "if an operator commits fraud in providing goods or services, he shall increase compensation for the losses suffered by the consumer according to the request of the consumer. The amount of the increased compensation shall be the price of the product purchased by the consumer or the amount accepted by the consumer." Three times the cost of the service"; should be understood as "refund one and compensate three", that is, refund 1000 + 3000 yuan = 4000 yuan in settlement.
If the counterfeiting behavior occurs before the new law takes effect, if it takes effect before If the claim has been processed according to the old law, no new claims will be settled; if the processing has not been completed, the claim will be settled according to the new law.
Case: Consumer Li saw a shopping advertisement on a certain TV station, and a certain network. The company promoted a certain brand of watch sets (5 watches per set) with Swiss imported movements, natural diamonds, and crocodile straps. He was very excited, so Li contacted the online company and ordered two sets of gold and diamond watches. After checking the box, he found that the leather strap was not crocodile leather. Later, Li went to the brand watch store for consultation. The technician in the store told him that the watch was not a Swiss imported movement. After checking the outer packaging and instructions of the product, he complained. No identification of the factory name, factory address, specification, model, etc. was found, and it was considered a "three-no product". After mediation, the TV station refunded the consumer Li's payment of more than 20,000 yuan and tripled the compensation.
Question 6: How to claim compensation for selling three-no products? What are the penalties for three-no products? If anything is found to be three-nos, you will be arrested and your license will be lightly withheld! Heavy jail time! Evasion of responsibility will lead to heavy penalties
Question 7: Can you claim for compensation for a product that has no product? Can it be returned or exchanged? If the product causes damage to you, you can claim compensation, otherwise you cannot
Question 8: In 2015, how to punish food products with three no-nos? If they run away from the monk (manufacturer),
they will not run away from the temple (distributor).
If he dares to sell three-no products, he will suffer from paralysis.
Take a look at the new food safety law, which will be implemented on October 1.
Question 9: If I buy a three-no product, can I get one back and ten in compensation? Can I report it to the Food and Drug Administration? After private negotiation, according to the law, compensation for expired food is ten times higher, but now the minimum compensation is 1,000 yuan. You ignored me everywhere.
Question 10: How many times the compensation can be demanded for buying a product with three no-nos? According to which country's law? Consumer Rights Protection Law