Please refer to the following provisions for civil liability:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Fifty-sixth operators in any of the following circumstances, in addition to bear the corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income, and impose a fine of more than 1 times the illegal income 10 times the illegal income. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(a) the goods or services provided do not meet the requirements for the protection of personal and property safety;
(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of others, tampering with the date of production, forging or fraudulently using quality marks such as certification marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(6) making false or misleading propaganda about goods or services;
(seven) refusing or delaying the relevant administrative departments to order the sale of defective goods or services to stop, warn, recall, harmless treatment, destruction, stop production or services and other measures;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(9) Infringe on consumers' personal dignity, personal freedom or consumers' personal information rights that should be protected according to law;
(ten) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
In case of any of the circumstances specified in the preceding paragraph, the operator shall be punished in accordance with the provisions of laws and regulations, and the punishment organ shall record it in the credit file and announce it to the public.
Article 57 Where a business operator provides goods or services in violation of the provisions of this Law and infringes on the legitimate rights and interests of consumers, which constitutes a crime, he shall be investigated for criminal responsibility according to law.
People's Republic of China (PRC) product quality law
Article 49 Whoever produces or sells products that do not meet the national standards and industrial standards for protecting human health and personal and property safety shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine of less than three times the value of the illegally produced and sold products (including sold and unsold products, the same below) shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Whoever adulterates or adulterates a product, passes off the fake as the real one, and passes off the substandard product as the qualified product, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Please refer to the following provisions for criminal responsibility:
Criminal law of the people's Republic of China
Article 140 Any producer or seller who adulterates or adulterates products, passes off fake products as genuine products, and passes off unqualified products as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or shall only be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute the crimes specified in these articles, but those whose sales amount is more than 50,000 yuan shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Whoever produces or sells the products listed in Articles 141 to 148 of this section not only constitutes a crime as stipulated in each article, but also constitutes a crime as stipulated in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 150 Where a unit commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished according to the provisions of these Articles.
Second, the definition of fake and shoddy products (fake and shoddy goods) refers to those goods that contain one or more untrue factors and can cause misunderstanding by the general public. Fake and shoddy goods can be divided into two types: counterfeit goods and inferior goods. Fake and shoddy goods are fake and shoddy material products, excluding spiritual products. It is characterized by unreal factors and social harm.
fake
When manufacturing goods, realistically imitate the external characteristics of other similar products, or copy and sell products that have been protected by intellectual property rights without authorization, so as to impersonate other people's products. In the current market, it is mainly manifested in fraudulent use and forgery of other people's trademarks and signs; Using someone else's unique name, packaging, decoration, factory name and address; Products fraudulently using high-quality product quality certification marks and production license marks.
(2) Fake and shoddy goods
Refers to the production and distribution of goods, in violation of China's current laws and administrative regulations, its quality and performance indicators can not meet the requirements of China's national standards, industry standards and local standards, or even products produced without standards.
According to the definition of General Administration of Quality Supervision, Inspection and Quarantine, counterfeit products refer to the use of untrue factory name, address, trademark, product name, product identification and so on. Let customers and consumers mistakenly think that the products are genuine. Fake and shoddy products refer to products with poor quality or loss of performance.
Three. What is the sentencing standard for the crime of selling fake and shoddy products? The crime of producing and selling fake and inferior commodities is a criminal act aimed at making illegal profits, violating the national product quality management regulations in industrial and commercial activities, seriously damaging the interests of users and consumers and endangering the order of socialist market economy, and should be punished by criminal law. Let me take you to understand the sentencing standards for the crime of selling fake and shoddy products. Sentencing standard for the crime of selling fake and shoddy products: whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated; If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
The above is the legal knowledge I have collected about how to impose a fine for unwittingly selling fake and shoddy products. To sum up, the specific punishment for selling fake and inferior products will be determined according to the actual sales amount involved.