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Decision Of The Standing Committee Of The National People'S Congress On Amending The Law Of The People'S Republic Of China On The Protection Of Consumers' Rights And Interests (No. Seventh Of The Chairman)

2013/11/9 23:02:00 89

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Laws And Regulations Consumer Rights And Interests Protection Law Standing Committee Of The National People'S Congress

< twelfth a href= "http://www.91se91.com/" > the fifth meeting of the member of the Standing Committee of the National People's Congress [/a] decided to make the following amendments to the law of the People's Republic of China on the protection of consumers' rights and interests:

1 and fifth add one as the third paragraph: "the State advocates a civilized, healthy, resource saving and environmental protection consumption mode, against waste."

two, and the fourteenth is amended as: "when consumers purchase, use goods and receive services, they enjoy the right to respect personal dignity and national customs and habits, and enjoy the right to protect personal information according to law."

three, and amend the sixteenth paragraph 1 as follows: "if an operator provides goods or services to consumers, he shall perform his obligations in accordance with the provisions of this Law and other relevant laws and regulations."

increase one, as the third paragraph: "< a href=" http://www.91se91.com/ > operator < /a > provide goods or services to consumers, shall abide by social ethics, operate in good faith, protect the legitimate rights and interests of consumers; do not set unfair and unreasonable trading conditions, and shall not coercive pactions. "

four and eighteenth shall be added as one of the second sections: "operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theatres and other places of business shall give consumers the obligation of safety and security."

> the second paragraph is changed to nineteenth, which is amended as: "if the operator finds that the goods or services provided by him are defective, and endangers the safety of personal and property, he shall immediately report and inform the consumers to the relevant administrative departments, and take measures such as stopping sales, warning, calling back, harmless treatment, destroying, stopping production or service.

In the case of recall measures, the operator shall bear the necessary expenses of consumers for the recall of goods. "

five and nineteenth to twentieth. The first paragraph is revised as follows: "the information provided by the operator to the consumers in terms of the quality, performance, use and expiration date of the goods or services shall be truthful and comprehensive, and no false or misleading publicity shall be made."

third is amended as: "the operator shall provide the goods or services with a marked price."

six, twenty-first to twenty-second, of which the "purchase voucher or service document" is amended to be "invoices and other purchase vouchers or service documents".

seven, and twenty-second to twenty-third. In the first paragraph, "except consumers who have known their flaws before buying the goods or accepting the service" are amended to read: "but consumers have known their defects before buying the goods or accepting the service, and the existence of such defects does not violate the mandatory provisions of the law".

increase one paragraph as the third paragraph: "the service provided by the operator such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or decoration and decoration services, etc., where consumers find defects within six months from the date of receiving goods or services, and the operators shall bear the burden of proof for the defects."

eight, combining the twenty-third and forty-fifth articles as twenty-fourth, shall be amended as follows: "if the operator provides < a href=" http://www.91se91.com/ > commodity < /a > or the service does not meet the quality requirements, the consumer may return the goods according to the stipulations of the state or the parties concerned, or require the operator to fulfill the obligations of replacement and repair.

If there is no agreement between the state and the parties, the consumer may return the goods within seven days from the date of receipt of the goods. After seven days, the consumer can return the goods in time, and fails to meet the statutory conditions for cancelling the contract.

"if the goods are returned, replaced or repaired according to the provisions of the preceding paragraph, the operator shall bear the necessary expenses such as pportation."

nine, add one as twenty-fifth: "operators sell products by means of Internet, television, telephone and mail order. Consumers have the right to return products within seven days from the date of receipt of the goods, and do not need to explain the reasons, except the following commodities:

(1) made by consumers;

(two) fresh and perishable;

"(three) online downloading or digital products such as audio-visual products and computer software that consumers have sealed;

> (four) delivered newspapers and periodicals.

"except for the commodities listed in the preceding paragraph, other commodities which are confirmed according to the nature of the commodity and are not returned by the consumers when they are purchased, shall not be unreasonable to be returned by reason.

"the goods returned by consumers should be intact.

The operator shall return the commodity price paid by the consumer within seven days from the date of receipt of the returned commodity.

The freight refund for the goods shall be borne by the consumer, and if the operator and the consumer have agreed otherwise, the contract shall be agreed. "

ten, and changing the twenty-fourth clause to twenty-sixth, adding one paragraph as the first paragraph: "if the operator uses the standard clauses in his business activities, he shall draw the attention of the consumers to the consumers' attention to the content and quality of the goods or services, the price or expenses, the time limit and method of performance, safety precautions and risk warning, after sale service, civil liability, etc., which are of great interest to consumers and shall be explained in accordance with the requirements of consumers."

> the first and second paragraphs are changed into second and third paragraphs, which are amended as: "the operator shall not make unfair or unreasonable provisions to consumers in terms of formality clauses, notices, statements, shop notices, etc., to exclude or restrict the rights of consumers, relieve or exempt operators from responsibilities, and increase consumer responsibilities.

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the contents of the format clause, notice, statement, shop notice, etc., which contain the contents listed in the preceding paragraph, shall not be valid.

eleven, add one as twenty-eighth: "operators who provide goods or services by means of network, television, telephone, mail order, etc., and operators providing securities, insurance, banking and other financial services, shall provide consumers with information about the number and quality of the business address, connection, goods or services, the price or fees, the time and manner of performance, safety precautions and risk warning, after-sales service, civil liability and other information."

twelve, add one as the twenty-ninth item: "the operator should collect and use the personal information of the consumer. He should follow the lawful, proper and necessary principles, express clearly the purpose, the way and the scope of collecting and using the information, and agree with the consumers.

Operators shall collect and use personal information of consumers, and shall disclose their collection and use rules, and shall not collect and use information in violation of the provisions of laws and regulations and the agreement between the two parties.

"operators and their staff must strictly keep confidential personal information collected by consumers, and shall not divulge, sell or illegally provide them to others.

The operator shall take technical measures and other necessary measures to ensure information security and prevent personal information leakage and loss of consumers.

Remedial measures should be taken immediately when information leakage or loss occurs or may occur.

"the operator shall not send commercial information to the operator without the consent or request of the consumer, or if the consumer expressly refuses."

thirteen, and changing the twenty-sixth to thirtieth, which is amended as follows: "the state formulating the laws, regulations, rules and mandatory standards concerning consumer rights and interests shall listen to the opinions of consumers and consumers associations."

accordingly, the "twenty-eighth and second social groups" should be changed to "consumer associations".

fourteen and twenty-seventh to thirty-first. The first paragraph is revised as follows: "people's governments at all levels should strengthen leadership, organize, coordinate and urge relevant administrative departments to do well in protecting the legitimate rights and interests of consumers, and carry out their duties to protect consumers' legitimate rights and interests."

add one as the thirty-third item: "the relevant administrative departments shall, within their respective responsibilities, conduct spot checks on goods and services provided by the operators on a regular or irregular basis, and publish the results of the random inspection to the public in a timely manner.

"the relevant administrative departments find and identify defects in the commodities or services provided by the operators and have the danger of endangering personal and property safety. They shall immediately order the operators to take measures such as stopping sales, warning, recall, harmless treatment, destroying, stopping production or services."

fifteen, and thirty-first to thirty-sixth, which is amended as: "consumer associations and other consumer organizations are social organizations established according to law to supervise consumers' legitimate rights and interests in the supervision of goods and services."

accordingly, the "social organizations" in the twelfth article should be amended as "social organizations".

> the thirty-second clause is changed to thirty-seventh. The first paragraph of the "Consumer Association performs the following functions:" it is amended to "perform the following public welfare duties of the Consumer Association:"

paragraph 1 is amended as follows: (1) to provide consumers with consumer information and advisory services, enhance the ability of consumers to safeguard their legitimate rights and interests, and guide the consumption pattern of civilization, health, resource conservation and environmental protection.

first, add one as the second item: "(two) participate in the formulation of laws, regulations, regulations and mandatory standards concerning consumer rights and interests".

> the first third items are changed to fourth items. They are revised as follows: (four) to reflect and inquire about the legal rights and interests of consumers, and make recommendations to the departments concerned.

> the first item, the fifth item is changed to sixth items. It is revised as follows: (six) if a complaint is related to the quality of goods and services, the qualified appraiser can be entrusted to authenticate and the appraiser shall inform the expert opinion.

> the first sixth paragraphs are changed to seventh items. They are revised as follows: (seven) supporting the injured consumers to initiate proceedings or initiate proceedings in accordance with this Law in respect of acts that harm the legitimate rights and interests of consumers.

second is amended as follows: "people's governments at all levels shall give necessary support to the consumer associations in performing their duties."

increase the two paragraph as the third and fourth paragraph: "consumer associations should conscientiously fulfill their duties to protect consumers' legitimate rights and interests, listen to consumers' opinions and suggestions and accept social supervision.

"other consumer organizations established according to law shall carry out activities to protect consumers' legitimate rights and interests in accordance with the provisions of laws, regulations and their articles of association."

> the thirty-third clause is changed to thirty-eighth, which is amended as: "consumer organizations shall not engage in commodity operation or for-profit service, nor shall they recommend goods or services to consumers in the form of collecting fees or other interests."

sixteen, thirty-fourth to thirty-ninth, and second as follows: "(two) request the consumer association or other mediation organizations established according to law to mediate".

third items are amended as follows: (three) complains to the relevant administrative departments.

seventeen, add one as the forty-fourth item: "consumers who purchase goods or receive services through network trading platform, whose legitimate rights and interests are damaged, may demand compensation from sellers or service providers.

If the provider of a network paction platform can not provide the real name, address and effective contact method of the seller or the service provider, the consumer can also claim compensation from the provider of the network paction platform; if the provider of the network paction platform makes a more favorable commitment to the consumer, he shall make a commitment.

After compensation is provided by the network paction platform provider, it has the right to recover from the seller or the service provider.

"network trading platform providers who know or should know that sellers or service providers use their platforms to encroach on the legitimate rights and interests of consumers, and do not take necessary measures, shall be jointly and severally liable for the sellers or service providers according to law".

eighteen, thirty-ninth articles are changed to forty-fifth first paragraph. Among them, the "false advertisement" is changed to "using false advertisement or other false propaganda methods", and the "advertisement operator" is changed to "advertising operator, publisher", "real name and address" is changed to "real name, address and effective contact mode".

increase the two paragraph, as the second and third paragraph: "advertising operators, publishers design, manufacture, issue false advertisements related to consumers' life and health products or services, causing damage to consumers, and should be connected with the operators who provide the goods or services.

"social organizations or other organizations or individuals who recommend goods or services to consumers in false advertisements or other false propaganda related to consumers' health products or services", causing consumers' damage, shall be jointly and severally liable to the operators who provide the goods or services.

nineteen, add one as forty-sixth: "consumers complain to the relevant administrative departments, the Department shall deal with and inform consumers within seven working days from the date of receiving the complaint."

twenty and add one as the forty-seventh item: "the Consumer Association of China, as well as the consumer associations established in provinces, autonomous regions and municipalities directly under the central government, can bring a lawsuit against the people's courts against acts that infringe upon the legitimate rights and interests of many consumers."

twenty-one, and change the fortieth clause to the forty-eighth paragraph 1, which shall be revised in accordance with the "PRC quality control law of the PRC" and other relevant laws and regulations, and shall be "in accordance with the provisions of other relevant laws and regulations".

the first item is amended as: (1) defective goods or services.

increase one as the second paragraph: "if the operator fails to fulfill the obligation of safety and security for consumers and causes damage to consumers, he shall bear tort liability."

twenty-two, combining the forty-first and forty-second articles as forty-ninth, shall be amended as: "if the operator provides goods or services and causes injury to the consumers or other victims, he shall compensate for the reasonable expenses for medical treatment, rehabilitation and pportation expenses for treatment and rehabilitation, as well as the income which is reduced due to the loss of work.

Those who cause disability should also compensate for disability life assistance and disability compensation.

Where death is caused, funeral expenses and death compensation shall also be paid. "

twenty-three, and changing the forty-third to fiftieth, is amended as: "if the operator infringes upon the personal dignity of the consumer, infringes upon the personal freedom of the consumer, or infringes upon the right of the consumer's personal information to be protected according to law, it shall stop infringement, restore reputation, eliminate the influence, apologize and compensate for the loss."

twenty-four, add one as the fifty-first item: "if the operator has an insult to libel, search the body, infringe upon personal freedom, and other acts that infringe upon the rights and interests of consumers or other victims, causing serious mental damage, the victim may claim compensation for mental damage."

twenty-five, and changing the forty-fourth to fifty-second, which is amended as: "if the operator provides goods or services and causes damage to the consumers' property, they shall bear civil liability for repair, rework, replacement, return, supplement the quantity of merchandise, refund of goods and services, or compensation for losses, in accordance with the provisions of law or the parties."

twenty-six, delete forty-sixth.

twenty-seven, and changing the forty-ninth clause to the fifty-fifth paragraph 1 is amended as: "if an operator provides goods or services with fraudulent conduct, he shall increase the compensation for his losses according to the requirements of consumers, and increase the amount of compensation to three times of the price of goods purchased by consumers or the cost of receiving services; and the amount of compensation added to less than five hundred yuan is five hundred yuan.

If the law stipulates otherwise, it shall be in accordance with its provisions. "

increase one as the second paragraph: "the operator is still aware that goods or services are flawed and still provides them to consumers, causing the death of consumers or other victims or serious damage to their health. The victim has the right to request the operator to compensate for the losses in accordance with the forty-ninth and fifty-first articles of this law, and has the right to claim punitive damages below two times the loss."

twenty-eight, and the fiftieth clause is changed into fifty-sixth first paragraph. Among them, the "PRC quality of domestic product law" and other relevant laws and regulations stipulate "punishment organs and punishment methods" are amended as: "in addition to the corresponding civil liability, other relevant laws and regulations have provisions on punishing organs and punishment methods", the "administrative department for Industry and commerce" is amended as "industrial and commercial administrative departments or other relevant administrative departments", and "impose a fine of more than five times the illegal income" to be amended to "impose a fine of more than ten times the illegal income", and "impose a fine of ten thousand yuan or less" to "impose a fine of five hundred thousand yuan or less".

the first item is revised as follows: (1) the goods or services provided are not in conformity with the requirements for the protection of personal and property safety.

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Fourth items are amended as follows: (four) forge the origin of a commodity, forge or falsely use another person's factory name, site, tamper with the date of production, forge or falsely use a quality mark such as an authentication mark.

"P > sixth items are amended as:" (six) false or misleading propaganda for goods or services. "

"P > add one item, as the seventh item:" (seven) refusing or procrastinating the administrative department to order to stop selling, warning, recalling, harmless treatment, destroying, stopping production or service for defective goods or services. "

"P > eighth items are changed into ninth items and amended to be:" (nine) the right to infringe on the personal dignity of the consumer, to infringe on the personal freedom of the consumer or to infringe on the personal information of the consumer according to law. "

"P > add one paragraph, as the second paragraph:" if the operator has the provisions of the preceding paragraph, in addition to the punishment in accordance with the provisions of the laws and regulations, the punishment organ shall be recorded in the credit file and published to the society. "

twenty-nine, add one as the fifty-seventh item: "if the operator violates the provisions of this law to provide goods or services, infringe upon the legitimate rights and interests of consumers and constitute a crime, he shall be investigated for criminal responsibility according to law."

thirty and add one as the fifty-eighth clause: "if the operator violates the provisions of this law, he shall bear civil liability for compensation and pay a fine or a fine. If his property is not enough to pay at the same time, he shall bear civil liability for compensation first."

thirty-one, and the fifty-first clause is changed to fifty-ninth, which is amended as: "if the operator refuses to accept the decision on administrative penalty, he may apply for administrative reconsideration or bring administrative proceedings in accordance with the law."

in addition, the order of articles should be adjusted accordingly.

this decision shall come into force on March 15, 2014.

the law of the People's Republic of China on the protection of consumers' rights and interests is amended according to this decision and is repromulgated.

consumer rights protection law of the People's Republic of China

(October 31, 1993, the fourth session of the Standing Committee of the Eighth National People's Congress adopted the first amendment of the decision on amending some laws pursuant to the tenth session of the Standing Committee of the Eleventh National People's Congress of August 27, 2009), according to the second revision of the decision on amending the law of the People's Republic of China on the protection of consumers' rights and interests at the fifth session of the Standing Committee of the Twelfth National People's Congress in October 25, 2013.

directory

Chapter I General Provisions

second the rights of consumers

Third the obligation of the operator

fourth chapter state protection of consumers' legitimate rights and interests

fifth chapter consumer organization

sixth chapter dispute resolution

seventh chapter legal liability

eighth chapter supplementary provisions .

Chapter I General Provisions

Article 1 this law is formulated for the purpose of protecting the legitimate rights and interests of consumers, maintaining social and economic order, and promoting the healthy development of the socialist market economy.

second consumers need to purchase, use commodities or receive services for the purpose of living, and their rights and interests are protected by this law. If the provisions of this law are not provided, they shall be protected by other relevant laws and regulations.

third operators shall comply with this law to provide consumers with goods or services for their production and sale. If the provisions of this law are not specified, they shall abide by other relevant laws and regulations.

Fourth operators should abide by the principles of voluntariness, equality, fairness, honesty and credibility in dealing with consumers.

fifth, the state protects the legitimate rights and interests of consumers from infringement.

the State takes measures to protect consumers' rights in accordance with the law and safeguard the legitimate rights and interests of consumers.

the State advocates the consumption mode of civilization, health, resource conservation and environmental protection, and is against waste.

sixth the protection of consumers' legitimate rights and interests is the common responsibility of the whole society.

the State encourages and supports all organizations and individuals to conduct social supervision over acts that harm the legitimate rights and interests of consumers.

mass media should publicize the legitimate rights and interests of consumers and conduct public opinion supervision on behaviors that harm consumers' legitimate rights and interests.

second the rights of consumers

seventh consumers have the right to enjoy personal and property safety when buying, using goods and accepting services.

consumers have the right to require the goods and services provided by the operators to meet the requirements for the protection of personal and property safety.

eighth consumers have the right to know the real situation of goods purchased or used or the services they receive.

consumers shall have the right to require operators to provide prices, origin, producers, purposes, performance, specifications, grades, main ingredients, production dates, validity dates, inspection certificates, instructions for use, post sale services, or contents, specifications, and expenses of goods according to different situations of goods or services.

ninth consumers have the right to choose goods or services independently.

consumers have the right to independently choose operators who provide goods or services, choose their own goods or services independently, and decide to buy or not buy any kind of goods, accept or refuse to accept any service.

consumers have the right to make comparison, identification and selection when choosing goods or services independently.

tenth consumers have the right to fair trade.

consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement when purchasing goods or receiving services, and have the right to refuse the compulsory paction of operators.

eleventh consumers are entitled to compensation in accordance with the law because they are injured by personal or property purchases, goods or services.

twelfth, consumers have the right to establish social organizations to safeguard their legitimate rights and interests according to law.

thirteenth consumers enjoy the right to acquire knowledge about consumption and consumer rights and interests.

consumers should strive to master the knowledge and skills needed for goods or services, correctly use commodities and enhance their self-protection awareness.

fourteenth consumers enjoy the right to respect personal dignity and national customs when purchasing, using commodities and accepting services, and enjoy the right to protect personal information according to law.

fifteenth consumers have the right to supervise goods and services, and to protect consumers' rights and interests.

consumers have the right to prosecute, prosecute the acts of infringing upon the rights and interests of consumers and the illegal and dereliction of duty committed by state organs and their staff in the work of protecting consumers' rights and interests, and have the right to criticize and suggest the work of protecting consumers' rights and interests.

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Third the obligation of the operator

sixteenth operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations by providing goods or services to consumers.

operators and consumers have an agreement, they shall fulfill their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.

operators should provide social products and services to consumers. They should abide by social ethics, operate in good faith, protect the legitimate rights and interests of consumers, and not establish unfair and unreasonable trading conditions, and not coercive pactions.

seventeenth operators should listen to consumers' opinions on the commodities or services they offer and accept the supervision of consumers.

eighteenth operators shall ensure that the commodities or services they provide conform to the requirements of ensuring the safety of persons and property.

Where a commodity or a service may jeopardise safety of person or property of the consumer, it shall make a true statement and clear warning explaining and indicating correct methods for the use of such a commodity or receipt of such a service and preventative measures against such an occurrence.

Operators such as hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and so on shall have the obligation of ensuring P's safety and security.

nineteenth operators find that the goods or services provided by them are defective and have jeopardize the safety of personal and property. They should report to consumers immediately and inform consumers of the risks, and take measures to stop sales, warning, recall, harmless disposal, destroy, stop production or service.

In the case of recall measures, the operator shall bear the necessary expenses of consumers for the recall of goods.

twentieth operators shall provide consumers with information about the quality, performance, use and expiration date of goods or services, and shall be truthful and comprehensive, and shall not make false or misleading publicity.

operators should give a real and definite answer to questions raised by consumers about the quality and the methods of use of the commodities or services they provide.

operators should provide marked price for goods or services provided.

twenty-first operators shall indicate their real names and markings.

operators who lease other counters or venues shall indicate their real names and markings.

twenty-second operators shall provide invoices and other purchase vouchers or service documents to consumers in accordance with relevant state regulations or business practices, and operators must issue certificates of purchase or other service documents, such as invoices, etc.

twenty-third operators shall ensure that the quality, performance, use and expiration date of the goods or services provided under normal use of goods or services, but consumers have known that they are defective before purchasing the goods or accepting the service, and that the defects do not violate the mandatory provisions of the law.

operators should indicate the quality of goods or services in advertisements, product descriptions, physical samples or other means, and ensure that the actual quality of goods or services provided by them is consistent with the quality of the products.

operators provide services such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or decoration and decoration services. If consumers find defects within six months from the date of receiving goods or services, the operator shall bear the burden of proof for the defects.

If the goods or services provided by the twenty-fourth operators do not conform to the quality requirements, consumers may return the goods according to the state regulations or the parties concerned, or require the operators to fulfill their obligations such as replacement and repair. P

in accordance with the provisions of the preceding paragraph for returns, replacement and repair, the operator shall bear the necessary expenses for pportation and other expenses.

twenty-fifth operators sell products by means of Internet, television, telephone and mail order. Consumers have the right to return products within seven days from the date of receipt of the goods, and do not need to explain the reasons, except the following commodities:

(1) made by consumers;

(two) fresh and perishable;

(three) online downloading or digital products such as audio-visual products, computer software and so on;

(four) delivered newspapers and periodicals.

except for the commodities listed in the preceding paragraph, other commodities which are recognized according to the nature of the commodity and are not returned by the consumers when they are purchased, shall not be unreasonable to be returned by reason.

the goods returned by consumers should be intact.

The operator shall return the commodity price paid by the consumer within seven days from the date of receipt of the returned commodity.

The freight for returning the goods is borne by the consumers; otherwise, the operators and consumers have agreed otherwise.

twenty-sixth operators who use formatting clauses in their business activities shall draw consumers' attention to the contents and quality of commodities or services, the price or expenses, the time and manner of performance, safety precautions and risk warnings, after-sale services, and civil responsibilities, etc., and shall give explanations to consumers in accordance with the requirements of consumers.

operators shall not make unfair or unreasonable provisions to consumers in terms of format terms, notices, statements, shop notices, etc., to exclude or restrict consumers' rights, reduce or exempt operators from responsibilities, and increase consumer responsibilities.

the contents of the terms, notices, statements, shop notices, etc. contained in the preceding paragraph shall not be valid.

twenty-seventh operators shall not insult or slander consumers, nor search consumers' bodies and their objects, nor infringe upon the personal freedom of consumers.

twenty-eighth operators who provide goods or services by means of network, television, telephone, mail order, etc., as well as operators who provide financial services such as securities, insurance and banking, shall provide consumers with information about the number of operations, ways of contact, the quantity and quality of goods or services, the time and manner of performance, safety precautions and risk warning, after sale service and civil liability.

twenty-ninth operators should collect and use personal information of consumers. They should follow the principles of legality, legitimacy and necessity, express clearly the purpose, mode and scope of collection and use of information, and agree with consumers.

operators and their staff must strictly keep confidential personal information collected by consumers, and shall not divulge, sell or illegally provide them to others.

The operator shall take technical measures and other necessary measures to ensure information security and prevent personal information leakage and loss of consumers.

Remedial measures should be taken immediately when information leakage or loss occurs or may occur.

operators shall not send commercial information to consumers without the consent or request of consumers or consumers explicitly refuse.

fourth chapter state protection of consumers' legitimate rights and interests

thirtieth the State shall formulate laws, regulations, regulations and mandatory standards concerning consumer rights and interests, and shall listen to the opinions of consumers and consumers associations.

thirty-first people's governments at all levels should strengthen leadership, organize, coordinate and urge relevant administrative departments to do well in protecting the legitimate rights and interests of consumers, and carry out their duties to protect consumers' legitimate rights and interests.

People's governments at all levels should strengthen supervision to prevent the occurrence of acts that endanger the safety of consumers' personal and property and promptly stop acts that endanger consumers' personal and property safety.

thirty-second administrative departments for Industry and Commerce and other relevant administrative departments at all levels shall take measures within the scope of their respective duties in accordance with the provisions of laws and regulations, and protect the legitimate rights and interests of consumers.

the relevant administrative departments should listen to the opinions of consumers and consumer associations and other organizations on the paction behavior of traders, the quality of goods and services, and timely investigate and deal with them.

thirty-third the relevant administrative departments shall, within their respective responsibilities, conduct spot checks on goods and services provided by the operators on a regular or irregular basis, and timely publish the results of the random inspection to the public.

the relevant administrative departments find and identify defects in the commodities or services provided by the operators and have the danger of endangering personal and property safety. They shall immediately order the operators to take measures to stop sales, warning, recall, harmless treatment, destroy, stop production or service.

thirty-fourth the relevant state organs shall, in accordance with the provisions of laws and regulations, punish the illegal and criminal acts of operators who infringe upon the legitimate rights and interests of consumers in the provision of goods and services.

thirty-fifth, the people's court shall take measures to facilitate consumers to sue.

Disputes over the rights and interests of consumers that meet the conditions for instituting an action under the Code of Civil Procedure of the People's Republic of China must be accepted and promptly heard.

fifth chapter consumer organization

thirty-sixth consumer associations and other consumer organizations are social organizations established in accordance with the law to protect consumers' legitimate rights and interests through social supervision over goods and services.

thirty-seventh, the Consumer Association performs the following public welfare duties:

(P) (1) to provide consumers with consumer information and advisory services, improve consumers' ability to safeguard their legitimate rights and interests, and guide the consumption mode of civilization, health, resource conservation and environmental protection; {page_break}

(two) to participate in the formulation of laws, regulations, regulations and mandatory standards concerning consumer rights and interests;

(three) to participate in the supervision and inspection of goods and services by the relevant administrative departments;

(four) on the issue of consumers' legitimate rights and interests, to the relevant departments to reflect, inquire and make recommendations;

(five) accept consumer complaints and investigate and mediate complaints;

(six) if a complaint relates to the quality of goods and services, it may entrust qualified appraisers to authenticate, and the appraiser shall inform the expert opinion;

(seven) to harm the consumers' legitimate rights and interests, support the injured consumers to bring suit or initiate proceedings in accordance with this law;

(eight) expose and criticize the acts that harm the legitimate rights and interests of consumers through mass media.

the people's governments at all levels shall give necessary support to the consumer associations in performing their duties.

consumer associations should conscientiously fulfill their duties to protect consumers' legitimate rights and interests, listen to consumers' opinions and suggestions and accept social supervision.

other consumer organizations established according to law shall carry out activities to protect consumers' legitimate rights and interests in accordance with the provisions of laws, regulations and their articles of association.

thirty-eighth consumer organizations shall not engage in commodity operation or for-profit service, nor shall they recommend goods or services to consumers in the form of collecting fees or other interests.

sixth chapter dispute resolution

thirty-ninth consumers and operators who have disputes over consumers' rights and interests can be solved through the following ways:

(1) negotiation with the operator;

(two) request the consumer association or other mediation organizations established according to law to conciliation;

(three) to complain to the relevant administrative departments;

(four) submitted to the arbitration organization for arbitration according to the arbitration agreement reached with the operator;

(five) bring a lawsuit to the people's court.

fortieth, when consumers purchase or use goods, their legitimate rights and interests are damaged, they may demand compensation from sellers.

Where the responsibility lies with the producer or another seller that provides the commodities to the seller, the seller, after settling compensation, shall have the right to recover such compensation from that producer or that other seller.

consumers or other victims who cause personal or property damage due to commodity defects may demand compensation from sellers or demand compensation from producers.

Where the responsibility lies with the producer, the seller, after settling compensation, shall have the right to recover from the producer.

Where the responsibility lies with the seller, the producer, after settling compensation, shall have the right to recover such compensation from the seller.

consumers who are injured in their legitimate rights and interests when accepting services may claim compensation from the service providers.

forty-first, when consumers purchase, use commodities or receive services, their legitimate rights and interests are damaged. Because of the separation and merger of the original enterprises, the consumers may demand compensation from the enterprises that bear their rights and obligations after the change.

> forty-second illegal operators who use others' business licenses to provide goods or services, thereby damaging the legitimate rights and interests of consumers, consumers may claim compensation from them, or they may claim compensation from the holders of business licenses.

forty-third consumers who purchase goods or receive services at fairs or rental counters and whose legitimate rights and interests are damaged may demand compensation from sellers or service providers.

After the Trade Fair has finished or the lease of the counter has expired, the consumer may also demand compensation from the organizer of the trade fair or the lessor of the counter.

The organizer of the fair and the lessor of the counter shall have the right to recover from the seller or the service after compensation.

forty-fourth consumers who purchase goods or receive services through online trading platforms and whose legitimate rights and interests are damaged may demand compensation from sellers or service providers.

After compensation is provided by the network paction platform provider, it has the right to recover from the seller or the service provider.

network trading platform providers who know or should know that sellers or service providers use their platforms to encroach on the legitimate rights and interests of consumers, and do not take necessary measures, shall be jointly and severally liable for the sellers or service providers according to law.

forty-fifth consumers may be required to make compensation for the legitimate rights and interests of consumers who are using the false advertisements or other false propaganda methods to provide goods or services, and their legitimate rights and interests are damaged.

If an advertisement operator or a publisher releases false advertisements, the consumer may request the administrative department to punish him.

If an advertisement operator or publisher fails to provide the real name, address and effective contact method of the operator, he or she shall be liable for compensation.

advertising operators and publishers design, manufacture and issue false advertisements relating to consumers' life and health products or services, causing damage to consumers. They should be jointly and severally liable for the operators who provide the goods or services.

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social organizations or other organizations or individuals who recommend goods or services to consumers in false advertisements or other false propaganda related to consumers' health products or services, causing consumers' damage, shall bear joint and several liability with the operators who provide the goods or services.

forty-sixth, when a consumer complains to the relevant administrative department, the Department shall deal with and inform the consumer within seven working days from the date of receiving the complaint.

forty-seventh to infringe upon the legitimate rights and interests of many consumers, the Chinese consumers' Association and the consumer associations established in provinces, autonomous regions and municipalities directly under the central government may initiate proceedings in the people's courts.

seventh chapter legal liability

forty-eighth operators who provide goods or services under any of the following circumstances shall, except in accordance with this law, bear civil liability in accordance with the provisions of other relevant laws and regulations:

(1) defects in goods or services;

(two) do not have the performance that the commodity should have and do not explain when sold;

(three) does not conform to the commodity standard specified in the commodity or its packaging;

(four) does not conform to the quality status shown in the commodity descriptions, physical samples, etc.;

(five) producing goods that are explicitly eliminated or selling goods that are invalid or deteriorating;

(six) the quantity of goods sold is insufficient;

(seven) the contents and expenses of the service are contrary to the stipulations;

(eight) on the consumer's request for repair, rework, replacement, return, supplement the quantity of merchandise, refund of payment for goods and services or compensation for loss, deliberately delay or unreasonably refuse;

(nine) other circumstances that harm consumers' rights and interests stipulated by laws and regulations.

operators should be liable for infringement if consumers fail to fulfill their obligations of safety and security and cause damage to consumers.

forty-ninth operators who provide goods or services and cause injury to consumers or other victims shall compensate for the reasonable expenses for medical treatment, rehabilitation and pportation expenses, as well as the income due to loss of work.

Those who cause disability should also compensate for disability life assistance and disability compensation.

Where death is caused, funeral expenses and death compensation shall also be paid.

fiftieth operators shall infringe upon the personal dignity of consumers, infringe upon the personal freedom of consumers, or infringe upon the rights of consumers' personal information according to law, and shall stop infringement, restore reputation, eliminate influence, apologize and compensate for losses.

fifty-first operators have the acts of insulting, slander, search the body, infringe upon personal freedom, etc., which infringe upon the rights and interests of consumers or other victims, causing serious mental damage, and the victims may claim compensation for mental damages.

fifty-second operators who provide goods or services and cause damage to consumers' property shall bear civil liabilities such as repair, rework, replacement, return, supplement of commodity quantity, refund of payment for goods and services, or compensation for losses, in accordance with the provisions of law or the parties' agreement.

fifty-third operators who provide goods or services in the form of pre payment shall be provided in accordance with the agreement.

If the business operator fails to do so in accordance with the agreement, the business operator must, at the request of the consumer, implement the agreement or refund the advance payment and bear the interest on the advance payment and reasonable expenses needed to be paid by the consumer.

fifty-fourth articles that are deemed to be unqualified by the relevant administrative departments according to law, and the consumers are required to return the goods, the operator shall be responsible for returning the goods.

fifty-fifth operators who provide goods or services with fraudulent acts shall increase the compensation for their losses according to the requirements of consumers, and increase the amount of compensation to three times the cost of goods purchased by consumers or the cost of receiving services. The amount of additional compensation is less than five hundred yuan, amounting to five hundred yuan.

Where there are other provisions of the law, such provisions shall be followed.

the operator is still aware that goods or services are defective and still provides them to consumers, causing death or serious damage to the health of consumers or other victims. The victim has the right to request the operator to compensate for the loss in accordance with the forty-ninth and fifty-first articles of this law, and has the right to claim punitive damages below two times the loss.

fifty-sixth operators shall be punished in accordance with the provisions of laws and regulations in addition to the corresponding civil liabilities and other relevant laws and regulations. If the laws and regulations fail to stipulate, they shall be ordered by the administrative department for Industry and commerce or other relevant administrative departments to make corrections. They may be fined according to the circumstances of a single plot or a joint warning, confiscate the illegal gains, and impose a fine of more than ten times the amount of the illegal gains. If there is no illegal gains, they shall be fined not more than five hundred thousand yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification and to revoke their business license:

(1) the goods or services provided do not meet the requirements for the protection of personal and property safety;

(two) adulteration, adulteration, adulteration, or adulteration of unqualified goods as a qualified commodity;

(three) producing goods that are explicitly eliminated or selling goods that are invalid or deteriorating; {page_break}

(four) forging the origin of a commodity, forging or fraudulently using another person's factory name, site, tampering with the date of production, forging or fraudulent use of certification marks and other quality marks;

(five) the commodities sold shall be inspected, quarantined, not inspected, quarantined or forged for inspection and quarantine results;

(six) false or misleading publicity for goods or services;

(seven) refuse or delay the relevant administrative departments order to stop sales, warning, recall, harmless treatment, destroy, stop production or service for defective commodities or services;

(nine) infringe upon the personal dignity of the consumer, infringe upon the personal freedom of the consumer or infringe upon the consumer's personal information according to law; and

(ten) other circumstances that should be punished by law and regulations in respect of harm to the rights and interests of consumers.

if the operator has the provisions of the preceding paragraph, except for punishments in accordance with the provisions of laws and regulations, the punishment organ shall record it into the credit archives and publicize it to the public.

fifty-seventh operators who violate the provisions of this law to provide goods or services, infringe upon the legitimate rights and interests of consumers, and constitute a crime, shall be investigated for criminal responsibility according to law.

fifty-eighth operators who violate the provisions of this Law shall bear civil liability for compensation and pay a fine or a fine. If their property is not enough to pay at the same time, they shall bear civil liability for compensation first.

fifty-ninth operators who refuse to accept the decision of administrative penalty may apply for administrative reconsideration or bring administrative proceedings in accordance with the law.

sixtieth, in order to obstruct the staff of the administrative departments concerned from performing their duties according to law, such as violence and threats, they shall be investigated for criminal responsibility according to law; if they refuse or obstruct the staff members of the relevant administrative departments to perform their duties according to law, and do not use violence or threat, they shall be punished by the public security organs in accordance with the provisions of the law of the People's Republic of China on public security management punishment.

sixty-first staff members of state organs who neglect their duties or shield operators from infringing upon the legitimate rights and interests of consumers shall be given administrative sanction by their units or higher authorities. If the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law.

eighth chapter supplementary provisions .

sixty-second farmers' purchase and use of means of production directly used for agricultural production shall be implemented in accordance with this law.

sixty-third, this Law comes into effect on January 1, 1994.