The Development And Reform Commission Openly Solicited Opinions On Penalties For Price Violations.

The NDRC today issued a public comment on the draft special provisions on penalties for price violations during abnormal fluctuations in market prices. The draft submitted operators to fabricate, disseminate price information, and disturb. market The price order shall be ordered to rectify, confiscate the illegal gains, and impose a fine of not more than 5 times the illegal income; if there is no illegal income, a fine of more than 200 thousand yuan and 2 million yuan shall be imposed; if the circumstances are serious, it shall be ordered to suspend business for rectification, or the administrative department for Industry and Commerce shall revoke the business license according to law.

In addition, operator Those with tight market supply and abnormal fluctuations in prices will be ordered to make corrections, confiscate the illegal gains and impose a fine of not more than 5 times the illegal proceeds if the goods are sold more or less, only enter, do not sell or hoard the sale. If there is no illegal income, they will be fined under 200 thousand yuan or more than 2 million yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification, or the administrative department for Industry and Commerce shall revoke the business license in accordance with the law.

If other units or individuals fabricate or disseminate price hikes and disturb the market price order, they shall be ordered to make corrections, and the unit shall be fined 100 thousand or more yuan less than 1 million yuan, and a fine of 10 thousand yuan or more yuan less than the personal department. If the circumstances are serious, the authorized organ shall revoke the license and license in accordance with the law, or cancel the registration.

The draft proposes that the production and marketing of operators should be promoted. Price difference If the price exceeds the normal period, it shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of not more than 5 times the illegal income; if there is no illegal income, a fine of more than 200 thousand yuan and 2 million yuan shall be imposed; if the circumstances are serious, it shall be ordered to suspend business for rectification, or the administrative department for Industry and Commerce shall revoke the business license in accordance with the law.

The draft also suggests that operators should collude with each other through agreements, resolutions or cooperative actions, manipulate market prices, damage the legitimate rights and interests of other operators or consumers, and order them to make corrections, confiscate illegal gains, and impose a fine of not more than 5 times the illegal gains. If there is no illegal gains, they shall be fined under 200 thousand yuan or more than 2 million yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification, or the administrative departments for Industry and Commerce shall revoke their business licenses in accordance with the law.

The following is the full text of the draft:

Since the beginning of this year, a small number of operators in some places have fabricated and spread price information, malicious hoarding, driving up prices and profiteering, resulting in abnormal fluctuations in market prices and seriously disrupting market order. In order to further improve the legal system of market price supervision, promptly stop and severely punish price violations during the period of abnormal price fluctuations, manage inflation expectations, stabilize the general price level, and protect the legitimate rights and interests of consumers and operators, according to the "price law of the People's Republic of China", we have drafted the special provisions on the punishment of price violations during the period of abnormal market price fluctuations (Draft). In order to fully listen to the views of all parties and further improve the scientificity and effectiveness of legislation, we are now seeking public opinions on the draft, and welcome all sectors of the community to put forward amendments and suggestions. The deadline for feedback on opinions and suggestions is August 13, 2010.

Fax: 010-68501743

E-mail:jjsfzc@ndrc.gov.cn

Correspondence address: No. 38, Yue Tan Street, Xicheng District, Beijing.

The State Development and Reform Commission's judicial office of price supervision and inspection, zip code: 100824.

July 13th, two

Special provisions on penalties for price violations during abnormal fluctuations in market prices

(Draft)

Article 1 in accordance with the "People's Republic of China price law", the provisions shall be formulated in accordance with the law of the people's Republic of China for the purpose of cracking down on price violations during the period of abnormal fluctuations in market prices, maintaining the normal order of market prices, protecting the legitimate rights and interests of consumers and operators, and promoting the healthy development of the socialist market economy.

When the market prices of second important commodities (including services) fluctuate, and may have a major impact on the lives of the people and the production of enterprises, the competent price departments may, according to the provisions of this regulation, investigate and punish the price violations according to the provisions of the provisions of the State Council's price departments or the people's governments of provinces, autonomous regions and municipalities directly under the central government.

When the abnormal fluctuation of market prices is eliminated, the provisions shall be suspended in time.

Third operators who fabricate or disseminate price rises and disturb the order of market prices shall be ordered to make corrections, confiscate illegal gains, and impose a fine of not more than 5 times the illegal gains; if there is no illegal gains, they shall be fined not more than 200 thousand yuan but not more than 2 million yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification, or the administrative departments for Industry and Commerce shall revoke their business licenses in accordance with the law.

If other units or individuals fabricate or disseminate price hikes and disturb the market price order, they shall be ordered to make corrections, and the unit shall be fined 100 thousand or more yuan less than 1 million yuan, and a fine of 10 thousand yuan or more yuan less than the personal department. If the circumstances are serious, the authorized organ shall revoke the license and license in accordance with the law, or cancel the registration.

Fourth operators shall be ordered to make corrections, confiscate the illegal gains and impose a fine of not more than 5 times the illegal income, if the business is tight and the price fluctuates unreasonably, and if the goods are not sold or hoarded, they shall be confiscated. If there is no illegal income, they shall be fined not more than 200 thousand yuan but not more than 2 million yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification, or the administrative department for Industry and Commerce shall revoke the business license in accordance with the law.

If the price of the fifth operators is twice the price difference between the production and marketing or the selling and selling, it shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of not more than 5 times the illegal income; if there is no illegal income, it shall be fined not more than 200 thousand yuan but not more than 2 million yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification, or the administrative department for Industry and Commerce shall revoke the business license in accordance with the law.

The sixth operators collude with each other through agreements, resolutions or cooperative actions, manipulate the market price and damage the legitimate rights and interests of other operators or consumers. They shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of not more than 5 times the illegal gains; if there is no illegal gains, they shall be fined not more than 200 thousand yuan but not more than 2 million yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification, or the administrative departments for Industry and Commerce shall revoke their business licenses in accordance with the law.

If a trade association or any other organization operator collude with each other and manipulates the market price, it may impose a fine of not more than 500 thousand yuan; if the circumstances are serious, the authorized organ shall revoke the license and license in accordance with the law, or cancel the registration. Penalties for operators shall be implemented in accordance with the provisions of paragraph 1.

Where the act constitutes a monopoly, it shall be punished in accordance with the provisions of the anti monopoly law of the People's Republic of China.

Seventh, in case of urgent need, we need to stop and investigate price violations immediately. The following measures can be taken:

(1) decide to file a case on the spot.

(two) it is ordered to suspend relevant businesses and seal up and seize related property.

(three) perform oral notification procedures and procedures for hearings in advance.

(four) collecting illegal gains in advance and handling them according to relevant regulations.

The anti monopoly law of the People's Republic of China shall apply to the investigation and handling of monopolistic conducts.

The eighth operators, other units or individuals shall, in accordance with the requirements of the competent price department, provide relevant materials and information, and shall not refuse or obstruct the investigation.

Refusing to provide relevant materials or information, or providing false materials or information, or concealing, destroying or transferring evidence, or refusing to obstruct any investigation, shall be ordered to make corrections and give warnings. If a person fails to make corrections within the time limit, he may be fined not more than 200 thousand yuan, and the responsible persons directly in charge and other directly responsible personnel shall be punished by the relevant departments.

Where ninth illegal gains can not be calculated or difficult to calculate, they shall be dealt with according to no illegal gains.

If tenth operators have transferred funds or commodities involved, refused to cooperate with investigation and handling, and repeatedly investigated recidivism, they should be severely punished within the statutory range.

The term "heavier punishment" referred to in this article refers to the high applicable rate within the scope of statutory fines; the category of more than two administrative punishments should be applied in a heavier way; where it can be concurrently, it should be punished at the same time.

Article eleventh the price violations listed in the provisions seriously disrupt the market order and constitute a crime and shall be investigated for criminal responsibility according to law.

Twelfth agricultural producers do not apply to the direct sale of agricultural products produced by themselves.

The thirteenth provision shall come into force on the date of promulgation.