2. Whoever sells fake goods for more than 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of more than two years and less than seven years, and shall be fined for more than 50% and less than two times the sales amount;
3. Whoever sells fake and inferior commodities in an amount of more than 500,000 yuan but less than 2 million yuan shall be sentenced to fixed-term imprisonment of more than seven years and fined more than 50% but less than two times the sales amount;
4. If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not more than 15 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount, or his property shall be confiscated.
Those who sell fake and inferior commodities and fail to reach the above amount shall not bear corresponding criminal responsibilities, but shall bear corresponding administrative responsibilities:
1, ordered to stop production and sales;
2. Confiscation of illegally produced and sold products;
3. A fine of more than 50% and less than three times the value of products illegally produced or sold;
4. If there is illegal income, it shall be confiscated;
5. If the circumstances are serious, the business license shall be revoked.
The constitutive elements of the crime of producing and selling fake and inferior products are as follows:
1. As far as the object is concerned, the object of infringement is the national management system for the quality of ordinary products;
2. Objectively speaking, producers and sellers produce and sell fake and inferior products in violation of national laws and regulations on product quality management;
3, the main elements, the subject of crime is individuals and units, manifested as producers and sellers of products;
4. Subjectively, subjectively, it is intentional, generally for the purpose of illegal profit, and the actor's intention is to deliberately manufacture fake and inferior products in the production field.
If a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers according to their requirements. The increased amount of compensation is three times the price of 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 business operators provide commodities or services, causing personal injury to consumers or other victims, they shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
What is the compensation standard for counterfeit goods in the Consumer Protection Law?
The compensation standard of the Consumer Protection Law is that the compensation for counterfeit goods should be increased according to the requirements of consumers, and the amount of compensation should be three times the price of the goods purchased or the cost of receiving services; If the amount of additional 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. "People's Republic of China (PRC) consumer protection law" provisions of article fifty-fifth.
Where can I complain about selling fake goods?
1. You can choose to report to the local administrative department for industry and commerce;
2. You can report directly on the national platform 123 15. And people can complain on WeChat and report it anytime and anywhere. This kind of complaint is also a daily way to safeguard consumers' rights and interests;
3. You can try a black cat complaint. Black cat complaints are accepted in a wide range, not just dealing with buying fakes. If the complaint can't solve the dispute, you can choose to sue the person in court to safeguard your rights and interests.
legal ground
Criminal law of the people's Republic of China
Article 140 Whoever produces or sells fake and inferior products, adulterates them, passes off fake products as genuine ones, passes off substandard products as qualified products, and the sales amount is 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 also, or shall only, be fined more than 500% but less 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 214 Crime of Selling Goods with Counterfeit Registered Trademarks Whoever knowingly sells goods with counterfeit registered trademarks, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined Article 216.
The crime of counterfeiting patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
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.
Article 51 Whoever produces products that have been explicitly eliminated by the state or sells products that have been explicitly eliminated by the state and stopped selling shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of less than 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.
Article 52 Whoever sells invalid or deteriorated 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; 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 53 Whoever forges the place of origin of products, forges or fraudulently uses the name and address of other people's factories, forges or fraudulently uses quality marks such as certification marks, shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of less than 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.
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 amount of additional 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.