Measures for punishment of infringement of consumers' rights and interests
this country has made special legislation, which not only makes specific provisions on fraud, but also protects consumers' legitimate rights. It is called "Measures for Punishment of Infringement on Consumers' Rights and Interests". The full text is as follows: Article 1 is to stop the infringement on consumers' rights and interests according to law, protect consumers' legitimate rights and interests and maintain social and economic order, and these measures are formulated in accordance with the Consumer Protection Law and other laws and regulations. Article 2 The administrative department for industry and commerce shall, in accordance with the Law on the Protection of Consumers' Rights and Interests and the provisions of these Measures, protect consumers' rights and interests in purchasing and using commodities or receiving services for their daily consumption needs, and impose administrative penalties on operators who infringe upon consumers' rights and interests. Article 3 The administrative department for industry and commerce shall, when imposing administrative punishment on acts infringing on consumers' rights and interests according to law, adhere to the principles of fairness, openness and timeliness, combine punishment with education, and comprehensively implement administrative guidance by means of suggestions, interviews and demonstrations, so as to urge and guide operators to fulfill their legal obligations. Article 4 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility when providing commodities or services to consumers, perform their obligations in accordance with the provisions of the Consumer Protection Law and other laws and regulations and the agreements with consumers, and shall not infringe upon the legitimate rights and interests of consumers. Article 5 An operator shall not commit any of the following acts when providing commodities or services: (1) The commodities sold or the services provided do not meet the requirements for protecting personal and property safety; (two) the sale of invalid or deteriorated goods; (three) the sale of counterfeit origin, counterfeit or fraudulent use of other people's factory name, address, tampering with the production date of goods; (four) the sale of counterfeit or fraudulent use of quality marks such as certification marks; (5) The goods sold or the services provided infringe upon the exclusive right of others to use a registered trademark; (six) the sale of counterfeit or fraudulent use of well-known goods with unique names, packaging and decoration; (seven) adulteration, adulteration in the sale of goods, fake goods, shoddy goods, substandard goods as qualified goods; (eight) the sale of goods that have been eliminated and stopped by the state; (9) Deliberately using unqualified measuring instruments or damaging the accuracy of measuring instruments in providing commodities or services; (1) defrauding consumers of prices or expenses and failing to provide goods or services as agreed. Article 6 Business operators shall provide consumers with true, comprehensive and accurate information about goods or services, and shall not engage in any of the following false or misleading propaganda acts: (1) They shall not provide goods or services with real names and marks; (2) Selling commodities or services by means of false or misleading commodity descriptions, commodity standards or physical samples; (3) Making false or misleading on-site explanations and demonstrations; (four) deceptive sales inducement by means of fictitious transactions, false bid volume, false comments or hiring others; (5) Selling goods or services at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices; (six) selling goods or services by means of false "prize sales", "repayment of principal sales" and "experience sales"; (seven) falsely claiming that genuine products sell "substandard goods", "defective products", "off-grade" and other commodities; (eight) to mislead consumers by exaggerating or concealing the quantity, quality, performance and other information that is of great interest to consumers; (9) Misleading consumers by other false or misleading propaganda methods. Article 7 An operator shall not refuse or delay the measures ordered by the administrative department for industry and commerce to stop selling or providing services for defective goods or services. If the operator fails to take measures according to the requirements of ordering to stop sales or service notice or announcement, it shall be regarded as refusal or delay. Article 8 When providing goods or services, business operators shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties concerned, and shall not deliberately delay or unreasonably refuse the legitimate demands of consumers. Business operators who have one of the following circumstances for more than 15 days shall be deemed to have deliberately delayed or unreasonably refused: (1) goods that have been identified as unqualified by the relevant administrative departments according to law have not been returned since the date when consumers put forward the request for return; (2) Refusing to perform the obligations of repairing, redoing, replacing, returning goods, making up the quantity of goods, refunding the payment for goods and services or compensating for losses without justifiable reasons from the date when the provisions of the state and the agreement of the parties expire, or from the date when the consumers demand that the quality requirements are not met. Article 9 A business operator who sells goods by internet, television, telephone or mail order shall bear the obligation of returning goods without reason in accordance with the law, and shall not deliberately delay or refuse without reason. If the business operator has one of the following circumstances for more than fifteen days, it shall be deemed as intentional delay or unreasonable refusal: (1) For the goods that are subject to unreasonable return, the return procedures have not been completed since the date of receiving the consumer's request for return; (2) Refusing to return the goods on the grounds that the goods are not applicable and there is no reason to return them without the confirmation of consumers; (3) Refusing to return the goods on the grounds that the consumer has unpacked and inspected them, which affects the integrity of the goods; (4) Failing to return the commodity price paid by the consumer without justifiable reasons from the date of receiving the returned commodity. Article 1 When providing goods or services in advance, business operators shall clearly agree with consumers on the quantity and quality of the goods or services, the price or expenses, the time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents. If the goods or services are not provided according to the agreement, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumer, and the interest on the advance payment and the reasonable expenses that the consumer must pay shall be borne. If there is no agreement on the refund, the refund amount shall be converted according to the calculation method beneficial to consumers. A reasonable refund request made by a business operator to a consumer clearly indicates that it will not be refunded, or if it has not been refunded for more than 15 days since the agreed expiration date or the consumer's request for refund without an agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal. Article 11 When collecting and using consumers' personal information, business operators shall follow the principles of legality, justness and necessity, clearly state the purpose, manner and scope of information collection and use, and obtain the consent of consumers. Operators shall not commit the following acts: (1) collecting and using personal information of consumers without their consent; (2) divulging, selling or illegally providing the collected personal information of consumers to others; (3) Sending commercial information to consumers without their consent or request, or if consumers explicitly refuse. The personal information of consumers in the preceding paragraph refers to the information collected by business operators in providing goods or services, such as the name, gender, occupation, date of birth, ID number, address, contact information, income and property status, health status, consumption status and so on, which can identify consumers alone or in combination with other information. Article 12 Where a business operator provides consumers with terms, notices, statements, shop notices, etc. on the use format of goods or services, it shall draw consumers' attention to the contents that are of great interest to consumers in a conspicuous way, and explain them according to the requirements of consumers, and shall not make provisions containing the following contents: (1) Exempting or partially exempting the business operator from the repair, rework, replacement, return, replenishment of the quantity of goods, refund of payment for goods and service fees, and compensation for losses. (two) to exclude or restrict the right of consumers to make repairs, replacement, return, compensation for losses and to obtain liquidated damages and other reasonable compensation; (three) to exclude or restrict the right of consumers to complain, report and bring a lawsuit according to law; (4) Forcing consumers to buy and use the goods or services provided by them or the operators designated by them, refusing to provide the corresponding goods or services to consumers who do not accept their unreasonable conditions, or raising the charging standards; (5) stipulating that the business operator has the right to change or terminate the contract at will, and restricting consumers' right to change or terminate the contract according to law; (six) to stipulate that the operator shall have the right to interpret unilaterally or finally; (seven) other unfair and unreasonable provisions for consumers. Article 13 Operators engaged in service industry shall not commit any of the following acts: (1) Operators engaged in providing services such as repair, processing, installation, decoration, etc. to consumers lie about their labor materials, intentionally damage or steal parts or materials, use parts or materials that do not meet the national quality standards or the agreement, replace parts that do not need to be replaced, or cut corners and charge extra fees, thus harming consumers' rights and interests; (two) operators engaged in housing leasing, domestic service and other intermediary services provide false information or take deception, malicious collusion and other means to harm the rights and interests of consumers. Fourteenth operators have one of the circumstances stipulated in Articles 5 to 11 of these Measures, and if there are provisions in other laws and regulations, the provisions of laws and regulations shall prevail; If there are no provisions in laws and regulations, the administrative department for industry and commerce shall punish it in accordance with Article 56 of the Consumer Protection Law. Fifteenth operators in violation of the provisions of Article twelfth and Article thirteenth of these measures, other laws and regulations, 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 shall order it to make corrections, and may impose a single or combined warning, and impose a fine of less than three times the illegal income but not more than 3, yuan at the maximum. If there is no illegal income, a fine of less than 1, yuan shall be imposed. Article 16 A business operator who commits one of the acts specified in Items (1) to (6) of Article 5 of these Measures and cannot prove that he is not deceiving or misleading consumers commits such acts, which is fraudulent. An operator who commits one of the acts specified in Items (7) to (1), Article 6 and Article 13 of these Measures is a fraud. Seventeenth operators who are dissatisfied with the administrative punishment decision made by the administrative department for Industry and commerce may apply for administrative reconsideration or bring an administrative lawsuit according to law. Eighteenth violations of consumer rights and interests are suspected of a crime, the administrative department for Industry and Commerce shall, in accordance with the relevant provisions, be transferred to judicial organs for criminal responsibility. Nineteenth administrative departments for industry and commerce in accordance with laws and regulations and the provisions of these measures to impose administrative penalties on operators, should be recorded in the credit files of operators, and through the enterprise credit information publicity system in a timely manner to the public. Enterprises shall, in accordance with the provisions of the Provisional Regulations on Enterprise Information Publicity, timely announce relevant administrative punishment information to the public through the enterprise credit information publicity system. Twentieth industrial and commercial administrative law enforcement personnel who neglect their duties or shield operators from infringing on the legitimate rights and interests of consumers shall be given administrative sanctions according to law; Anyone suspected of committing a crime shall be transferred to judicial organs according to law. Article 21 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures. Article 22 These Measures shall come into force as of March 15, 215. The Measures for Punishment of Consumer Fraud promulgated by the State Administration for Industry and Commerce on March 15th, 1996 (Order No.5 of the State Administration for Industry and Commerce) shall be abolished at the same time.