Article 140 of the "Criminal Law of the People's Republic of China" stipulates that producers and sellers adulterate or adulterate their products, pass off fake as genuine, substandard or inferior Anyone who passes off a qualified product as a qualified product 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 2 years or criminal detention, and shall also or solely be fined not less than 50% but not more than 2 times of the sales amount. ?

The State Administration for Industry and Commerce's "Reply to Issues Concerning the Transfer of Cases" (Industrial and Commercial Law Zi [1999] No. 192) clearly stipulates that according to Articles 7 and 22 of the "Administrative Penalty Law" Relevant regulations stipulate that if an illegal act constitutes a crime, the administrative agency must transfer the case to the judicial agency and pursue criminal liability in accordance with the law. Administrative penalties may not be used in lieu of criminal penalties. In the process of investigating and handling a case, if the industrial and commercial administrative organs believe that the behavior of the parties involved in the case has constituted a crime, they shall transfer the case to the judicial organs and no longer impose administrative penalties.

Extended information

According to the provisions of my country's "Criminal Law of the People's Republic of China", criminal behavior has four constituent elements, namely: criminal subject, subjective aspect of crime, crime The objective aspect and the object of crime. The criminal subject refers to the person who commits the crime. The subjective aspect of crime refers to the psychological state of the criminal subject regarding the criminal behavior and its results.

The objective aspect of crime refers to the specific manifestation of criminal behavior. The object of crime refers to the social relations protected by the Criminal Law and violated by criminal acts. The above four elements must be present at the same time to constitute a crime.

Hainan Provincial People's Government-State Administration for Industry and Commerce on Investigating and Punishing Illegal Use of Contracts