Legal subjectivity:

This country has specially enacted legislation, which not only provides specific provisions on fraud, but also protects the legal rights of consumers, called "Infringement of Consumers" "Measures for Punishing Consumer Rights and Interests", the full text is as follows. Article 1 is to stop behaviors that infringe on consumer rights and interests in accordance with the law, protect the legitimate rights and interests of consumers, and maintain social and economic order. These Measures are formulated in accordance with the "Consumer Rights and Interests Protection Law" and other laws and regulations. Article 2 The administrative department for industry and commerce shall, in accordance with the provisions of the Consumer Rights and Interests Protection Law and other laws and regulations and these Measures, protect the rights and interests of consumers to purchase and use goods or receive services for daily consumption, and punish operators who infringe the rights and interests of consumers. Implement administrative penalties. Article 3 The administrative department for industry and commerce shall implement administrative penalties for acts that infringe on consumer rights in accordance with the law, adhere to the principles of fairness, openness, and timeliness, adhere to the combination of punishment and education, and comprehensively use suggestions, interviews, demonstrations, and other methods to implement administrative guidance and supervision. and guide operators to fulfill their legal obligations. Article 4 Operators who provide goods or services to consumers shall abide by the principles of voluntariness, equality, fairness, good faith, and perform their obligations in accordance with the provisions of the Consumer Rights Protection Law and other laws and regulations and the agreements with consumers, and shall not infringe upon the rights and interests of consumers. Consumers’ legitimate rights and interests. Article 5 Operators shall not engage in the following behaviors when providing goods or services: (1) The goods sold or the services provided do not meet the requirements for protecting personal and property safety; (2) Selling expired or spoiled goods; (3) Selling fake origin, Forging or fraudulently using other people’s factory names, factory addresses, or tampering with the production date of goods; (4) Selling goods that forge or fraudulently using quality marks such as certification marks; (5) The goods sold or the services provided infringe the exclusive rights of others’ registered trademarks; (6) Selling counterfeit or counterfeit goods with the unique names, packaging, and decoration of well-known goods; (7) Mixing or adulterating the goods sold, passing off fake goods as genuine, passing off substandard goods as good ones, and passing off substandard goods as qualified goods. ; (8) Selling goods that the state has explicitly ordered to eliminate and stop selling; (9) Deliberately using unqualified measuring instruments or destroying the accuracy of measuring instruments when providing goods or services; (10) Defrauding consumers of prices or fees without providing or failing to provide them; Provide goods or services as agreed. Article 6 The information provided by operators to consumers about goods or services must be true, comprehensive, and accurate, and shall not engage in the following false or misleading publicity behaviors: (1) Failure to provide goods or services under their true names and marks; (2) ) Selling goods or services through false or misleading product descriptions, product standards, physical samples, etc.; (3) Making false or misleading on-site descriptions and demonstrations; (4) Using fictitious transactions, falsely marking trading volumes, Make false comments or hire others to conduct deceptive sales inducements; (5) Use false “clearance prices”, “fire sale prices”, “lowest prices”, “preferential prices” or other deceptive prices to represent the sale of goods or services; (5) 6) Selling goods or services through false “prize sales”, “repayment sales”, “experience sales” and other methods; (7) Falsely claiming genuine products to sell “disposed products”, “defective products”, and “foreign products” " and other commodities; (8) Exaggerating or concealing the quantity, quality, performance and other information of major interest to consumers of the goods or services provided to mislead consumers; (9) Misleading consumers with other false or misleading publicity methods consumer. Article 7 Operators shall not refuse or delay when ordered by the industrial and commercial administrative department to take measures such as stopping sales or providing services to the defective goods or services provided. If an operator fails to take measures in accordance with the order to stop sales or the requirements of service notices or announcements, it will be deemed as refusal or delay. Article 8 Operators providing goods or services shall bear civil responsibilities such as repair, redoing, replacement, return, replenishing the quantity of goods, refunding payment and service fees, or compensation for losses in accordance with legal provisions or as agreed by the parties, and shall not deliberately delay or unreasonably refuse consumption. the legitimate request of the person. If an operator has any of the following circumstances and it lasts for more than fifteen days, it will be deemed to be intentional delay or unreasonable refusal: (1) Goods that have been determined to be substandard by the relevant administrative departments in accordance with the law have not been returned since the date when the consumer requested a return; ( 2) Refusing to perform repairs, reworks, replacements, returns, replenishing the quantity of goods, or refunding payment and services without justifiable reasons, starting from the expiration of the period stipulated by the state or the agreement between the parties, or from the date of the consumer's request if the quality requirements are not met. Expenses or compensation for losses and other obligations.

Article 9 Operators who sell goods through the Internet, television, telephone, mail order, etc. shall bear the obligation to return goods without reason in accordance with legal provisions, and shall not deliberately delay or unreasonably refuse. If an operator has any of the following circumstances and exceeds 15 days, it will be deemed to be intentional delay or unreasonable refusal: (1) For products that are subject to unreasonable returns, the return procedure has not been completed since the date of receipt of the consumer's return request; (2) ) Without confirmation from the consumer, refuse to return the product on the grounds that the product is not suitable for return without reason; (3) Refuse to return the product on the grounds that the consumer has opened and inspected the product, which affects the integrity of the product; (4) Since receiving the returned product The price of the goods paid by the consumer has not been refunded without justifiable reasons. Article 10 When operators provide goods or services by way of advance payment, they shall clearly agree with consumers on the quantity and quality of goods or services, price or fees, performance period and method, safety precautions and risk warnings, after-sales services, civil liability, etc. content. If goods or services are not provided as agreed, the agreement shall be fulfilled or the advance payment shall be refunded according to the requirements of the consumer, and shall bear the interest on the advance payment and the reasonable expenses that the consumer must pay. If there is no agreement on refund, the refund amount will be calculated according to the calculation method that is beneficial to the consumer. The operator clearly states that no refund will be given to the reasonable refund request made by the consumer, or the operator fails to provide a refund for more than fifteen days from the date of expiration of the agreement or from the date of the consumer's request for refund if there is no agreed time limit. , deemed as intentional delay or unreasonable refusal. Article 11 When operators collect and use consumers' personal information, they shall follow the principles of legality, legitimacy and necessity, clearly state the purpose, method and scope of collecting and using the information, and obtain the consent of consumers. Operators shall not engage in the following behaviors: (1) Collect and use consumers’ personal information without consumers’ consent; (2) Leak, sell or illegally provide collected consumers’ personal information to others; (3) Without consumers’ consent; Consent or request, or the consumer expressly refuses, to send commercial information to them. The personal information of consumers in the preceding paragraph refers to the name, gender, occupation, date of birth, ID number, address, contact information, income and property status, health status, consumption, etc. of consumers collected by operators in the process of providing goods or services. Information such as circumstances that can identify a consumer alone or in combination with other information. Article 12 When operators provide consumers with standard terms, notices, statements, store notices, etc. for the use of goods or services, they shall draw consumers’ attention in a conspicuous manner to content that has a significant interest in consumers, and follow the requirements of consumers. It should be noted that no provisions containing the following contents shall be made: (1) Exempting or partially exempting operators from repairs, redoing, replacing, returning goods, replenishing the quantity of goods, refunding payment and service fees, Liability for compensation for losses, etc.; (2) Exclude or limit consumers’ rights to request repairs, replacements, returns, compensation for losses, and obtain liquidated damages and other reasonable compensation; (3) Exclude or limit consumers’ rights to complain, report, and file lawsuits in accordance with the law ; (4) Force or force consumers in disguised form to purchase and use goods or services provided by it or its designated operators, refuse to provide corresponding goods or services to consumers who do not accept its unreasonable conditions, or increase charging standards; (5) Providing that operators have the right to change or terminate the contract at will, and restricting consumers’ rights to change or terminate the contract in accordance with the law; (6) Providing that operators have the right of unilateral interpretation or final interpretation; (7) Other provisions that are unfair and unfair to consumers Reasonable provisions. Article 13 Operators engaged in the service industry shall not engage in the following acts: (1) Operators engaged in providing repair, processing, installation, decoration and decoration services to consumers, falsely report the materials used, intentionally damage or secretly replace parts or materials , using parts or materials that do not meet national quality standards or are inconsistent with the agreement, replacing parts that do not need to be replaced, or cutting corners or charging more, harming the rights and interests of consumers; (2) Engaging in intermediaries such as house leasing and housekeeping services Service operators provide false information or use deception, malicious collusion or other means to harm the rights and interests of consumers. Article 14 If an operator falls under one of the circumstances stipulated in Articles 5 to 11 of these Measures, and if other laws and regulations provide for it, it shall be implemented in accordance with the provisions of laws and regulations; if no laws and regulations provide for it, the industrial and commercial administration shall The management department shall impose penalties in accordance with Article 56 of the Consumer Rights Protection Law.

Article 15 If an operator violates the provisions of Articles 12 and 13 of these Measures and there are provisions in other laws and regulations, the provisions of laws and regulations shall be followed; if there are no provisions in laws and regulations, the industrial and commercial administration department shall order Corrections may be imposed alone or in conjunction with a warning, and a fine of not more than three times the illegal income but not exceeding 30,000 yuan. If there is no illegal income, a fine of not more than 10,000 yuan may be imposed. Article 16 If an operator commits any of the acts stipulated in Items (1) to (6) of Article 5 of these Measures and cannot prove that he is not deceiving or misleading consumers and commits such acts, it shall be considered a fraudulent act. If an operator commits any of the acts specified in Items (7) to (10), Article 6 and Article 13 of Article 5 of these Measures, it shall be deemed as fraudulent conduct. Article 17 If an operator is dissatisfied with the administrative penalty decision made by the industrial and commercial administrative department, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Article 18 If any illegal act that infringes upon the rights and interests of consumers is suspected of being a crime, the administrative department for industry and commerce shall, in accordance with relevant regulations, transfer the case to the judicial authority for investigation of criminal liability. Article 19 If the administrative department for industry and commerce imposes administrative penalties on an operator in accordance with laws, regulations and these Measures, it shall be recorded in the operator's credit file and announced to the public in a timely manner through the enterprise credit information publicity system. Enterprises should promptly publish relevant administrative penalty information to the public through the enterprise credit information disclosure system in accordance with the provisions of the "Interim Regulations on Enterprise Information Disclosure". Article 20 If industrial and commercial administrative law enforcement personnel neglect their duties or cover up operators' behavior that infringes upon the legitimate rights and interests of consumers, they shall be given administrative sanctions in accordance with the law; if they are suspected of committing a crime, they shall be transferred to judicial organs in accordance with the law. Article 21 The State Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 22 These Measures shall come into effect on March 15, 2015. The "Measures for Penalties for Consumer Fraud" (State Administration for Industry and Commerce Order No. 50) promulgated by the State Administration for Industry and Commerce on March 15, 1996 were abolished at the same time. Legal objectivity:

Article 50 of the "Consumer Rights and Interests Protection Law of the People's Republic of China": Operators who infringe on the personal dignity of consumers, infringe on consumers' personal freedom, or infringe on consumers' personal information shall be obtained in accordance with the law. If the rights protected are to be stopped, the infringement shall be stopped, the reputation shall be restored, the influence shall be eliminated, an apology shall be made, and losses shall be compensated. Article 51 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" If an operator conducts acts that infringe upon the personal rights and interests of consumers or other victims, such as insults and defamation, body searches, infringement of personal freedom, etc., causing serious mental damage, The victim can claim compensation for mental damages. Article 57 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" If an operator provides goods or services in violation of the provisions of this law and infringes upon the legitimate rights and interests of consumers, constituting a crime, he shall be held criminally responsible in accordance with the law.