According to Article 11 of the Law on the Protection of Consumers' Rights and Interests, consumers who suffer personal or property damage due to the purchase or use of goods or services have the right to compensation according to law.
The rights and interests of consumers in purchasing, using commodities or receiving services for daily consumption are protected by this law; When providing commodities or services, business operators shall issue purchase vouchers or service documents to consumers in accordance with relevant state regulations or business practices. Where consumers request to purchase vouchers or service vouchers, business operators must issue them.
Measures for rewarding meritorious personnel for reporting illegal and criminal activities of producing and selling fake and shoddy goods
Article 1 These Measures are formulated in accordance with the spirit of "People's Republic of China (PRC) Product Quality Law" and "the State Council's Decision on Rectifying and Standardizing the Order of Market Economy" in order to reward meritorious personnel who report illegal acts of producing and selling fake and shoddy goods, severely crack down on illegal acts of producing and selling fake and shoddy goods, standardize the reward system for reporting fake and shoddy goods by the state and ensure the healthy and orderly development of the market economy.
Article 2 A person who reports meritorious service refers to a person who reports the activities of manufacturing and selling fake and inferior commodities to the administrative departments for industry and commerce at all levels or the quality supervision, inspection and quarantine institutions in written materials, telephone calls or other forms, and is verified by the administrative law enforcement organs.
Article 3 These Measures shall not apply to the reports of state organs and their staff, the counterfeited parties or their clients, and the complaints related to their own work.
Article 4 These Measures shall apply to reporting the following illegal and criminal activities of producing and selling fake and inferior commodities:
(a) the production, sale, storage, transportation, printing forged or fraudulent use of trademarks, packaging and decoration factory name, address, place of origin and packaging and labeling products;
(2) Producing, selling, storing, transporting and printing products with forged or fraudulent quality marks and their packaging and labels;
(three) the production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety;
(four) the production and sale of products that have been eliminated by the state;
(five) the production and sale of adulterated products, fake products, shoddy products, unqualified products as qualified products;
(six) the production and sale of expired and deteriorated products.
Article 5 According to the certainty of reporting facts and the cooperation degree of informants, reporting is divided into four active levels:
(1) Level 1 report. Confirm that the illegal facts are completely clear, personally and directly grasp the on-site physical evidence and documentary evidence, and can assist in the on-site investigation and handling activities, and the information reported is completely consistent with the investigation and handling facts;
(2) Secondary reporting. Found illegal facts, mastered some on-site physical evidence and documentary evidence, and was able to assist in investigating activities, and the information reported was basically consistent with the facts investigated;
(3) Three-level report. The illegal facts have not been directly verified, but some important evidence has been obtained, which only provides investigation clues and does not directly assist in the investigation and handling activities, and the reported information is roughly consistent with the investigation and handling facts;
(4) Level 4 report. There is some physical evidence, but it has not been verified. It is just a suspicious speculative report.
Article 6 Persons who report meritorious service shall be given a one-time reward according to different situations and the value of fake and shoddy goods seized by law enforcement organs. The specific reward criteria are as follows:
(1) If the value of the goods is more than 1 10,000 yuan but less than10.5 million yuan, rewards will be given according to the level of reporting meritorious service, which are 5-6%, 3-4%, 1-3% and 0-1%respectively;
(II) For major cases, if the administrative law enforcement organ has made administrative punishment or failed to make administrative punishment and transferred it to the judicial organ for criminal responsibility, the administrative law enforcement organ or the judicial organ will reward them according to the meritorious rating of the report, respectively according to 4-5%, 2-3%, 1-2% and 0- 1% of the value of the goods, and the reward for each case shall not exceed in principle.
Article 7 Bonuses for rewarding persons who report meritorious service shall be distributed by the administrative law enforcement departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning in conjunction with the financial departments.
Article 8 Persons who report meritorious service shall receive the bonus within 3 months after receiving the reward notice, and those who fail to receive the bonus within the time limit shall be deemed to have given up automatically.
Article 9 If two or more people report the same case with the same clue, the bonus will be distributed by the informant through negotiation. If negotiation fails, the issuing authority will make a ruling.
Informants in the same case can only be rewarded once, and no reward can be repeated.
Tenth the implementation of the reward should be responsible by a special person, and strictly confidential for informants. Without the consent of the whistleblower, the name, identity, residence and reporting situation of the whistleblower shall not be disclosed or leaked to the reported unit and other irrelevant personnel in any way, and offenders shall be investigated for relevant responsibilities according to law.
Article 11 The funds for rewarding meritorious personnel shall be settled by the financial departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning.
Twelfth financial departments and administrative law enforcement departments should strengthen the management of the declaration and distribution of incentive funds, establish and improve the responsibility system, and strictly enforce financial discipline. Administrative law enforcement departments at all levels should designate special reporting agencies, set up and publish reporting telephone numbers, standardize the behavior between staff and informants, strictly implement relevant financial regulations and strengthen supervision.
Thirteenth the use and management of incentive funds should be in accordance with the provisions of the financial sector budget management, earmarking, and accept the supervision and inspection of the audit and supervision departments. When problems are found, the legal responsibilities of relevant personnel shall be investigated according to law.
Article 14 A whistleblower shall be responsible for the facts reported. Those who deliberately fabricate facts and falsely accuse others or engage in unfair competition in the name of reporting shall be investigated for legal responsibility according to law.
Fifteenth administrative law enforcement departments at all levels of staff in any of the following circumstances, depending on the seriousness of administrative sanctions; If the case constitutes a crime, legal responsibility shall be investigated according to law:
(a) forged reporting materials, impersonator reporting bonus;
(two) the whistleblower or report perfunctory, no serious verification and investigation;
(3) divulging secrets due to dereliction of duty;
(4) Informing the reported person to help him evade investigation.
Sixteenth in the name of a legal person or other organization, the reward of a legal person or other organization shall be implemented with reference to these measures.
Seventeenth provinces, autonomous regions and municipalities directly under the central government, the financial departments (bureaus) and administrative law enforcement departments may, in accordance with these measures, formulate incentives in their respective regions and report them to the Ministry of Finance for the record.
Eighteenth other departments according to their functions to report cases of cracking down on illegal activities of manufacturing and selling fake and shoddy goods, can refer to these measures.
Article 19 These Measures shall be implemented as of the date of promulgation.
Reward measures for meritorious personnel who report illegal and criminal activities of manufacturing and selling fake and shoddy products Baidu Encyclopedia