What kind of commodity just is " fake " commodity, see here!

Although our country did not publish relevant law, code to undertake specific classification is defined directly, but basis of a few places superintends need, right " fake " commodity undertook demonstrative, for instance " Guangdong province investigates production the sale is fake orders of commodity illegal action " , we look together:

The 10th has one of following state, for fake commodity:

(one) of standard of the national level that does not accord with safety of health of safeguard human body and person, belongings, occupation standard, place;

(2) impure and adulterate, with pretend to be true, shoddy, with old fill new, imitate eligible goods with unqualified commodity;

(3) did not obtain those who allow number of sham perhaps license lawfully;

(4) use fake raw material, component has production, treatment, make or assemble;

(5) the raw material of use country taboo produces additive agent for food;

(6) there is those who disobey national level to exceed the limits, additive that exceeds set limit to to use in food;

(7) expire, invalidation, degenerative;

(8) national explicit order falls into disuse or prohibit of production, sale;

(9) distort manufacturing date, reliable life, period of efficacy, date of failure or of the expiration period;

(10) forge goods place of production, forge or risk the name that use a plant, the site of factory;

(11) sham attestation mark, use mark of international standard product, name to actor or actress the mark, mark that prevent bogus, geography indicates the product is special mark, health food is special the mark such as bar code of mark, commodity marks, sham perhaps certificate of conformity, examine the quality such as report, guarantee of quality proves a file;

(12) commodity quality does not accord with the quality state that label, manual indicates;

(13) pilfer edition is duplicate sham perhaps registered trade mark, patent;

(14) what law, code sets is other fake commodity.

Eleventh use this byelaw commodity of row of the 10th place provides management sex service, of the award that perhaps regards sales promotion as gift, sales compaign having reward its, count a sale fake commodity.

Is that fake does the product have a standard without legal laws and regulations? This is nonexistent!

We look together:

1, civil liability consults as follows please regulation:

" rights and interests of consumer of People's Republic of China protects a law "

Fiftieth 5 operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer; The amount that increases compensation is not worth 500 yuan, it is 500 yuan. Law has a regulation additionally, its set according to.

Operator knows perfectly well commodity to perhaps serve existence blemish, still offer to consumer, cause what other perhaps victim dies or health harms consumer badly, the victim has according to of power demand operator Benfadi 49, fiftieth wait for law to set compensatory loss, authority asks what to suffer lose to punish sexual compensation below doubly.

Fiftieth 6 operator have one of following state, divide outside assuming corresponding civil responsibility, other concerned law, code has a regulation to sanctioning mechanism and condemnatory kind, the regulation of according to law, code is carried out; Law, code did not make a provision, by industrial and commercial administration other perhaps concerned service instructs the branch correct, can be in according to clue sheet or be in a warning, confiscate illegal earning, part in order to violate earning 1 times above 10 times the following amerce, did not violate earning, place with 500 thousand yuan of the following amerce; The clue is serious, instruct close down to rectify, revoke business charter:

(one) offerred goods perhaps serves not to accord with safety of safeguard person, belongings to ask;

(2) impure in commodity, adulterate, with pretend to be true, shoddy, perhaps imitate eligible goods with unqualified commodity;

(3) the commodity that manufacturing state explicit order washs out perhaps sells invalidation, degenerative goods;

(4) the producing area that forges commodity, forge or risk the factory name that uses another person, the site of factory, distort manufacturing date, forge or risk what indicate with the quality such as attestation mark;

(5) the commodity of the sale ought to examine, quarantine and did not examine, quarantine perhaps is forged examine, of quarantine result;

(6) of the conduct propaganda that perhaps serves false fetching perhaps misunderstanding to commodity;

(7) reject protracted perhaps concerned service to instruct pair of blemish commodity to perhaps serve adopt stop sale, caution, recall, harmless change processing, destroy by melting or burning, stop to produce or serve those who wait for measure;

(8) repair to what consumer puts forward, re-act, change, withdraw measure of goods, complemental merchandise, return charge of Wu of kimono of payment for goods to perhaps compensate for losing to ask, intended and protracted unjustifiable perhaps refuse;

(9) dignity of moral quality of enroach on customer, violate consumer person freedom or information of individual of enroach on consumer receives protective right lawfully;

(10) the punishs to damaging consumer rights and interests to ought to give other state that law, code rules.

The money before operator has sets condition, except according to law, code the regulation gives outside punishment, condemnatory mechanism ought to note credit record, announce to the society.

Fiftieth 7 operator disobey this code to the provider is tasted or serve surely, enroach on consumer closes right increase, make crime, investigate criminal duty lawfully.

" standard of quality of product of People's Republic of China "

The 49th production, sale does not accord with the product of the national level of safety of health of safeguard human body and person, belongings, occupation standard, instruct halt production, sale, confiscate the product of illegal production, sale, handle product of illegal production, sale (include already work off and not the product of work off, similarly hereinafter) above of equivalence of money worth amount 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.

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.

2, criminal responsibility consults as follows please regulation:

" criminal law of People's Republic of China "

The 140th generator, person that sell is impure in the product, adulterate, with pretend to be true, shoddy perhaps pretend to be eligible product with rejected product, sell amount 50 thousand yuan of above are malcontent 200 thousand yuan, be in 2 years of the following set term of imprisonments or arrest battle, be in only perhaps place to sell amount 50% above is duple and the following fine; Sell amount 200 thousand yuan of above are malcontent 500 thousand yuan, be in 2 years of above 7 years the following set term of imprisonment, handle sale amount 50% above is duple and the following fine; Sell amount 500 thousand yuan of above are malcontent 2 million yuan, be in set term of imprisonment of 7 years of above, handle sale amount 50% above is duple and the following fine; Sell amount of 2 million yuan of above, be in 15 years of set term of imprisonments or life imprisonment, handle sale amount duple and the following fine perhaps confiscates 50% above belongings.

The 149th production, sale what this section lists a product the 141st times to the 148th, do not make the crime of this each regulation, but sale amount is in of 50 thousand yuan of above, according to this section the 140th regulation convictions punishment.

Production, sale what this section lists a product the 141st times to the 148th, make the crime of this each regulation, make the crime that this section sets the 140th times again at the same time, the regulation with according to heavier punishment convictions punishment.

The 150th unit commits the crime that this section sets the 140th times to the 148th, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, each this regulation punishs according to.