Legal analysis:
If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, and a tool that forges registered trademarks and logos, a fine of not more than 250,000 yuan may be imposed. If the infringement is established, a fine of not more than five times the illegal business amount may be imposed. The industrial and commercial administrative authorities may order the infringement to cease. The specific measures are as follows: ordering an immediate cessation of sales; confiscating and destroying infringing goods; confiscating and destroying tools specifically used to manufacture infringing goods and counterfeit registered trademarks. Administrative penalties of fines shall be implemented and determined by the administrative agencies with administrative penalty powers within the scope of their statutory powers. The State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the State Council may decide on an administrative agency to exercise the administrative penalty power of the relevant administrative agency, but the administrative penalty power to restrict personal freedom can only be exercised by the public security agency. Except for administrative agencies and the people's courts, no other units have the right to impose fines, and employers also have no right to impose fines7. When administrative agencies and people's courts impose penalties, they must be implemented in accordance with laws, regulations or rules and in accordance with prescribed procedures.
Legal basis: "Administrative Punishment Law of the People's Republic of China"
Article 8 Types of administrative penalties:
(1) Warning.
(2) Fines.
(3) Confiscation of illegal gains and illegal property.
(4) Order to suspend production and business.
(5) Suspension or revocation of license, suspension or revocation of license.
(6) Administrative detention.
(7) Other administrative penalties stipulated in laws and administrative regulations.
Article 15 Administrative penalties shall be implemented by administrative agencies with administrative penalty powers within the scope of their statutory powers.
Article 16 The State Council or the people's governments of provinces, autonomous regions and municipalities authorized by the State Council may decide on an administrative agency to exercise the administrative penalty power of the relevant administrative agency, but the administrative penalty power to restrict personal freedom can only be exercised by the public security agency. exercise.
1. What is the difference between a fine and a penalty:
1. The legal nature is different: fines are administrative penalties, while fines are criminal penalties;
2 , Different law enforcement agencies: Fines are generally determined by administrative law enforcement agencies, while fines are judged by the People's Court in accordance with the law;
3. Different applicable objects: Fines are applicable to general lawbreakers who violate administrative laws and regulations and do not constitute a crime. , and fines are applicable to criminals who violate criminal laws;
4. Different legal basis: the legal basis for the people's court to impose fines is the "Criminal Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China" *Criminal Procedure Law of the People's Republic of China. The legal basis for administrative agencies to make fine decisions is the Administrative Punishment Law of the People's Republic of China.
2. There are seven types of administrative penalties:
1. Warning;
2. Fine;
3. Confiscation of illegal items Income, confiscation of illegal property;
4. Order to suspend production and business;
5. Suspend or revoke license, suspend or revoke license;
6. Administrative detention.