1. Your amount is extremely huge, so you should be criminally liable; 2. The boss is the principal offender, and the employees are the accomplices. The specific conviction depends on the specific crime facts and the degree of harm to society.
For specific legal responsibilities related to the production and sale of counterfeit and shoddy products, please refer to the following laws and regulations.
The so-called production and sale of counterfeit and shoddy products means that producers and sellers counterfeit or use certification marks in the process of manufacturing and selling products, or counterfeit and use other people’s factory names and addresses, or adulterate products with Miscellaneous, adulterated, passing off fake products as genuine products, passing off substandard products as good products, and passing off substandard products as qualified products. With the development of market economy, the proliferation of counterfeit and shoddy products will inevitably occur in stages. It has greatly undermined the market economic order and harmed the rights and interests of consumers and legal operators. Such behavior also violates the law and must be punished by law.
Those who manufacture and sell counterfeit and shoddy products should bear civil liability, administrative liability, and criminal liability.
1. Civil liability borne by those who manufacture and sell counterfeit and shoddy products
1. Civil liability for compensation to consumers
Article 1 of the General Principles of the Civil Law Article 122 stipulates that "If the product quality is not up to standard and causes damage to other people's property or personal life, the manufacturer or seller shall bear civil liability." This is a general provision on civil liability. The "Product Quality Law" and "Consumer Rights and Interests" The Protection Law has made specific provisions on this. Article 40 of the "Product Quality Law" stipulates that when selling counterfeit and shoddy products, sellers shall bear the "three guarantees" responsibilities of repair, replacement and return. If losses are caused to consumers, the seller shall compensate for the losses; Article 43 of the "Product Quality Law" stipulates that "if a defect in a product causes damage to persons or property of others, the victim may demand compensation from the manufacturer of the product, or may The seller demands compensation. "Article 44 of the Product Quality Law also stipulates the scope of compensation: "If the victim is injured due to a defect in the product, the offender shall compensate for medical expenses, nursing expenses during the treatment period, and any reduction due to missed work. Income and other expenses, if the disability is caused, the disabled person shall also be paid for self-help equipment, living allowances, disability compensation and the necessary living expenses of the dependents. If the death of the victim is caused, the disabled person shall also be paid funeral expenses, death compensation and Necessary living expenses for the deceased's dependents. If the victim's property is damaged due to product defects, the infringer shall restore it to its original condition or compensate at a reduced price. If the victim suffers other major losses as a result, the infringer shall compensate for the loss." Article 49 of the "Consumer Rights Protection Law" also stipulates the principle of punitive double compensation: "If the business provides goods or services that commit fraud, the compensation for the losses suffered by the consumer shall be increased according to the requirements of the consumer, and the amount of increased compensation shall be the amount of the consumer." Those who manufacture and sell counterfeit and shoddy products shall be liable for civil compensation to consumers if the price of goods purchased or services received is more than one time.
2. Those who manufacture and sell counterfeit and shoddy products shall bear civil liability for compensation to the producers and sellers of counterfeited products.
Article 5 of the "Anti-Unfair Competition Law" stipulates that the production and sale of counterfeit goods is an act of unfair competition and damages the rights and interests of competitors, that is, other producers and operators. Article 20 of the "Anti-Unfair Competition Law" stipulates the scope of such damage compensation. "If an operator violates the provisions of this law and causes damage to the infringed operator, he shall bear the liability for damage compensation. The infringed operator shall bear the liability for damages." If it is difficult to calculate, the amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period and shall bear the reasonable expenses paid by the infringed operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests."
2. Administrative penalties for the production and sale of counterfeit and shoddy products
Chapter 5 of the "Product Quality Law" stipulates corresponding administrative penalties for various activities of producing and selling counterfeit and shoddy products, including "ordering to stop" Production, illegally produced products and illegal income will be confiscated, and a certain amount of fines will be imposed, and the business license may be revoked.
The penalty of revocation of a business license shall be decided by the industrial and commercial administration department, and other administrative penalties shall be decided by the product quality supervision department or the industrial and commercial administrative department. The party subject to the penalty may file an administrative review or file an administrative lawsuit in accordance with the law. "
3. Criminal liability for the production and sale of counterfeit and shoddy products
Those who produce or sell fake and shoddy products, if the circumstances are serious, or if they cause serious consequences, will be investigated for criminal liability in accordance with the "Criminal Law". The main offenses are as follows: Charges: Article 140, the crime of producing and selling counterfeit and inferior products; Article 141, the crime of producing and selling counterfeit drugs; Article 142, the crime of producing and selling inferior drugs; Article 143, the crime of producing and selling food that does not meet hygienic standards; Article 144, the crime of producing, Crime of selling poisonous and harmful food; Article 145 Crime of producing and selling medical equipment that does not meet standards; Article 146 Crime of producing and selling products that do not meet safety standards; Article 147 Production and sale of counterfeit pesticides, veterinary drugs, fertilizers, seeds Article 148: Crime of producing and selling cosmetics that do not meet hygienic standards; Article 213: Crime of counterfeiting registered trademarks; Article 214: Crime of selling goods with counterfeit registered trademarks; Article 216: Crime of counterfeiting patents. The "Interpretation on Several Analytical Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases concerning the Production and Sale of Counterfeit and Substandard Commodities" issued in April 2000 further explained and supplemented the application of various laws to make them more operational. According to the "Criminal Law" According to the corresponding provisions and judicial interpretations of each article, those who produce and sell counterfeit and shoddy products may be punished with criminal detention, fixed-term imprisonment, life imprisonment, or death penalty, and may also be fined or property confiscated. If the unit commits a crime, the unit may be fined, and the supervisor and the person in charge may be sentenced. Other responsible persons shall be punished in accordance with the provisions of each article.
The above are the legal responsibilities that those who produce and sell counterfeit and shoddy products should sound the alarm. , must be punished by law
Source: /qikan/5-ydliuwei.htm