A enterprise is risked with B company name, manufacturing licence, address, phone is mass-produced build special material, in countrywide sale, serious effect arrives to B company is produced normally and be managed. The behavior of A enterprise forms tort. According to " standard of quality of product of People's Republic of China " the 64th regulation disobeys this code to decide, ought to assume civil liability to pay compensation and pay amerce, fine, when its belongings can't pay at the same time, assume civil liability to pay compensation first.
Actually, a enterprise forges the producing area of the product, forge or risk the plant that uses another person name, the site of factory and risk wait for quality mark behavior with attestation mark, violated B company right not only, and disobeyed administrative regulations mandatory regulation, offend even criminal law. Cannot be taken by infringer compounding. Basis " standard of quality of product of People's Republic of China " prohibit the 5th times forge or be being risked with attestation the quality such as the mark indicates; Prohibit forging the producing area of the product, forge or risk the factory name that uses another person, the site of factory; Prohibit impure in the product of production, sale, adulterate, with pretend to be true, shoddy. Thirtieth generator must not forge producing area, must not be forged or risk the factory name that uses another person, the site of factory. A generator must not forge thirtieth or risk with attestation the quality such as the mark indicates. 2 generator produce thirtieth product, must not impure, adulterate, must not with pretend to be true, shoddy, must not pretend to be eligible product with rejected product. Fiftieth 3 forge product source, forge or risk those who use other factory name, site, forge or risk what indicate with the quality such as attestation mark, instruct correct, confiscate the product of illegal production, sale, be in goods of product of illegal production, sale to be worth the amerce under amount equivalence; Have illegal income, be in confiscate illegal earning; The clue is serious, revoke business charter.
A enterprise still exists with pretend to be true, shoddy, perhaps pretend to be eligible product to violate condition with rejected product, basis " standard of quality of product of People's Republic of China " fiftieth impure in the product, adulterate, with pretend to be true, shoddy, perhaps pretend to be eligible product with rejected product, instruct halt production, sale, confiscate the product of illegal production, sale, be in goods of product of illegal production, sale to be worth amount 50% above 3 times the following amerce; Have illegal income, be in confiscate illegal earning; The clue is serious, revoke business charter; Those who make crime, investigate criminal duty lawfully.
Violate the act of product quality standard to A enterprise, b company do not with A enterprise compounding, once compounding, it is B company without doubt the appeasement to A enterprise, also brought the law of oneself the risk at the same time, if produce character to measure dispute to compensate for, the market supervises sectional punishment, and even criminal responsibility risk waits the likelihood a moment. Accordingly, b company should supervise a branch to report a case to the security authorities to the market, by the market supervisory branch is undertaken to A enterprise administration is investigated, company of B of civil compensation problem can talk things over with A enterprise or counterpoise to forensic suit dimension.
