Consumer Protection Law of the PRC

Date issued
】 【1993.10.31
】 【timely and effective implementation date

【Key Words】 【】 1994.01.01
111401199301

expiration date】 【Category】 【Content
Civil

【Unit】 NPC Standing Committee issued

Decree XI 【Number】 No.

----------------------------------------------- ---------------------------------

People's Republic of Consumer Protection Law
1993 年 10 月 31 of the Eighth National People's Congress accepted the fourth appointment


CONTENTS


Chapter I General Provisions Chapter II Chapter III of consumer rights
; the operator's obligation to the State Chapter
protecting the legal rights of consumers
Chapter consumer organizations
; Settlement of Disputes Chapter VI Legal Responsibility Chapter VII

Chapter VIII

Chapter I General Provisions

mandate apt defend the legitimate rights and interests of consumers, and maintain social and economy order, promote the healthy evolution of socialist mart economy with decree.
Article
consumption needs of consumers for the purchase and use of goods or receiving services, their interests are protected by law; this Law shall be, and by other relevant laws and regulations to protect .
Article
operators to provide consumers with the production and sale of goods or services shall comply with this Act; this Law shall, and shall comply with other relevant laws and regulations .
Article
transactions between business operators and consumers, should be the principles of voluntary, parity, fairness, sincerity and trustworthiness.
The state shall protect the legitimate rights and interests against infringement.
countries to take measures to protect consumers exercise their rights and safeguard the legitimate rights and interests of consumers.
Article
legitimate rights and interests of consumer protection is the general responsibility of society as a entire.
State encourages and supports all organizations and individuals to harm the behave of legitimate rights and interests of consumers of social supervision.
mass media should do a agreeable job of safeguarding legitimate rights and interests of consumers publicity, damage to legitimate interests of consumers on the conduct of public opinion.

Chapter consumer rights

Article consumers purchase and use goods and receiving services, enjoy personal and property safety is not compromised right.
consumers have the right to require operators to provide the goods and services, requirements of personal and property safety.
Article VIII consumers enjoy
they purchase and use of goods or services received the right to the truth.
consumers have the right goods or services under another circumstances, necessitate operators to provide the cost, origin, maker, uses, rendition, size, grade, cardinal factors, production appointment, expiration date , certificate of inspection, action directions, service, or service content, specifications, costs and other pertinent information.
Article IX right to free choice of consumers of goods or services.
consumers the right to select to provide goods or services operators to choose varieties of goods or services method, independent of any decision to buy or not to buy a commodity, to accept or not accept any of the services .
consumers in the alternative of commodities or services, the right to make comparisons, identification and culling.
Article
consumers the right to a fair deal.
consumers to purchase goods or receiving services, the right to quality certainty, rational prices, exact amounts, such as fair trade conditions, the right to nay compulsory transaction of business operators.
Article XI of consumers on the purchase, use of goods or services received by the person, property damage, have the right to compensation according to law.
Article XII have consumers
established by law to safeguard their legitimate rights and interests of social bodies.
Article XIII entitled to obtain consumer spending and consumer amuse in the protection of the rights.
consumers should strive to master the wisdom necessary commodities or services and use of capabilities, proper use of goods, cultivate self-protection.
Article XIV
consumers purchase and use goods and receiving services, the enjoyment of their human reputation, right to respect for citizen customs and traditions.
Article XV of the goods and services consumers enjoy and protect the interests of consumers the right to supervise the work.
consumers the right to report, complaints against the behavior of consumer rights and state apparatuses and their staff work in the protection of consumer interests in illegal acts, the right to work on consumer protection objections and proposals.

Chapter operators obligations
Article XVI

operators to provide consumers with goods or services shall in accordance with the
operators and consumers have coincided, shall be in accordance with the compact obligations, but the 2 sides admitted that no violation of laws and regulations.
Article XVII
operators should listen to the consumers of merchandise alternatively services catered by the views and adopt the supervision of the consumer.
Article XVIII
business operator shall ensure that the goods or services meet the protection of personal and property safety. That may jeopardize the personal and property safety of the goods and services, it shall make a true statement and clear alarm, and memorandum and indicate the correct use of goods or receiving services and preventative measures against such an occurrence.
operators discovered that the goods or services there are serious flaws, even now the proper use of goods or services received may still be on the personal and property safety hazard, it shall instantly report to the relevant authorities and inform the consumer persons, and to take measures to prevent harm happening.
Article XIX
operators should provide consumers with goods or services related to real information, not to make false and misleading propaganda.
operators on the consumers of their goods or services provided by the quality and use of inquiry usages thereof, shall make true and explicit reply.
stores provide goods should be clearly marked.
Diershitiao operator shall indicate their real names and marks.
rental counters or site operators, shall indicate their real names and marks.
twenty-one operators to provide goods or services shall be in accordance with relevant State regulations or issue a purchase business practices to consumers or service voucher; consumers to ask for testimony or purchase service of documents, the operator must produce.
twenty-two business operator shall assure the natural use of goods or receiving services which it provides goods or services should possess the quality, performance, method and validity phase; but consumers buy the goods or receive the services have been aware of the failings prior to the exception.
operators to advertising, product descriptions, samples or other means that the quality of goods or services, it shall certify that the actual quality of goods or services and that the quality of mate.
twenty-three operators to provide goods or services to consumers in accordance with national regulations or the agreement to undertake repair, replace or return or other responsibilities, shall state regulations or the agreement is fulfilled, shall not intentionally delay or unreasonably refused.
twenty-four operator shall not form contracts, notices, announcements, shop notices such manner unjust to consumers and unreasonable regulations, or decrease or relinquish the damage legitimate interests of consumers shall bear civil liability.
form contracts, notices, announcements, mart placards and other content embodied in the preceding paragraph, the content is ineffective.
Twenty-five operators
consumers may not insult or scandal, may not search the body of consumers carry the goods, not violation of personal freedom of consumers. Chapter IV State

protecting the legal rights of consumers

Article on consumer rights and interests of the six countries to amplify laws, regulations and policies, should listen to the opinions and demands of consumers.
twenty-seventh the people at all levels should reinforce the government presidency,Lacoste Tennis Trainers, organization, coordinate and administer the administrative departments for the protection of the legitimate rights and interests of consumers.
governments at all levels should strengthen supervision to prevent harm consumers, personal and property security acts, disadvantageous to consumers in time to stop the personal and property security.
people's governments at all levels and twenty-eighth and commercial administrative departments and other relevant administrative departments shall, in accordance with laws and regulations in their relative places of responsibility, take measures to protect consumer the legitimate rights and interests.
relevant administrative departments shall listen to the consumers and their social organizations, the transactions of the operator, quality of goods and services, advice, and timely investigation.
twenty-ninth state authorities relative to Article shall follow the laws and regulations to punish the operators in the provision of goods and services against the legitimate interests of consumers in the illegal and culprit deeds.
third ten people's court shall take measures to assist consumer litigation. That meet the

Chapter consumer unions

第三十一条 consumer associations and other consumer organizations are established by law on the supervision of goods and services for social protection of consumer rights and interests of social groups.
thirty-A consumer union shall act the emulating functions:
(a) to provide consumers with consumer information and conferring services;
; (b) participate in the administrative departments for goods and services, supervision and inspection;
(c) issues associated to legitimate interests of consumers to the relevant administrative departments, query, recommendations;
(d) receiving consumer complaints, and complaint inquiry, mediation;
(e) complaints narrated to quality of goods and services , to submit the adept evaluation, the estimation department shall advise the specialist conclusions;
(vi) to prejudice the legitimate rights and interests of consumers, support the impaired consumer litigation;
(vii) acts of prejudice legitimate interests of consumers through the mass media to expose and reprove.
governments by entire levels to perform the functions of the consumer associations should be patronized.
第三 thirteen Consumer organizations may not agree in commodity business and for-profit services, not to suggest to the society for the intention of profit-making goods and services.

Chapter VI Settlement of Disputes

第三 fourteen consumers and business operators dispute the interests of consumers, via the following approaches:
(a) talk a accommodation with the operator;
(b) request a consumer association to intervene;
(c) to the relevant administrative departments;
; (d) in agreement with the arbitration accord reached by the operator arbitral body for arbitration;
(e) the people's court proceedings.
thirty-fifth of consumers in the purchase, use of goods, their legitimate rights are being infringed, you can claim compensation from the sellers. Sales after paying compensation, the responsibility of the producer or seller to provide goods belonging to the other responsibilities of the seller, the seller shall be entitled to recover the producer or other sellers.
consumers or other victims of imperfect products caused by personal or property damage, you can claim compensation from the seller, you can also claim compensation to producers. The producer duty, sales, after paying compensation, the right to revive the producer. The liability belongs to the seller, producer compensation, the right to recourse against the seller.
consumers receiving services, their legitimate rights are being infringed may demand compensation to the service.
第三 sixteen consumers in the purchase and use of goods or receiving services, their legitimate rights are being infringed, and the original enterprise division, combination,Lacoste Prep CB Trainers, and tin change over the rights and duties companies to demand compensation.
thirty-seventh Use of unlawful authorize other operators to provide goods or services, damage to legitimate rights and interests of consumers, consumers may claim compensation, they may likewise license holders to claim compensation.
第三 eighteen consumer fairs, rental counter to purchase goods or receiving services, their legal rights are being infringed may apply to the sellers or service providers for compensation. The fairs are over the counter or the rent term expires, they may also trade fair organizers, who claim the rental counter. Organizers of the fairs, the rental counter after paying compensation, the right to recourse against the sellers or service providers.
第三 nineteen consumer use of artificial notifying because of affair to provide goods or services, their legal rights are being infringed may apply to the operator for compensation. Advertising agencies who make false commercial, a consumer may apply the executive division to be punished. Advertising agencies who can not provide the operator's real appoint, residence, shall be liable for damages.

Chapter VII liability

fourth ten operators to provide goods or services of 1 of the following circumstances, besides as otherwise provided in this Act shall be in accordance with and other relevant laws and regulations, shall bear civil liability:
(a) the defective goods;
(b) do not have the goods should have the property When the marketing is not stated;
(c) does not conform to the packaging of goods or the goods indicated on the criterion;
(d) does not comply trade descriptions, physical examples namely the quality of the state;
(e) production of the obsolete or selling expired goods, deterioration of the goods;
( vi) not enough quantity of goods sold;
(g) the contents and costs of services agreement;
(viii) a consumer for repairs, re- for, replacement, return, making up the number of goods, refund the purchase price and services, or compensation for losses,Womens Lacoste Arin Trainers, deliberately delaying or unreasonably refused;
(i) laws and regulations of the other mars the interests of consumers location.
第四十一条 operators to provide goods or services, resulting in private injury to consumers or other victims, pay for medicinal expenses, nursing expenses during medical management, loss of working time reduction income and other expenses, resulting in paralysis shall be paid to maimed persons for ego fares, living allowance, paralysis compensation, and necessary for the dependents of folk living expenses; constitute a crime shall be held criminally responsible.
forty Where one operator to provide goods or services, resulting in the decease of consumers or other martyrs, should disburse the funeral expenses, amends asset and the dependents of the deceased human required living expenses; constitute a offense shall be held criminally responsible.
forty Where an operator violates the provisions of Article Five provides consumers against violations of human dignity or personal freedom of consumers should stop the abuse, rehabilitation, to eliminate effects of regrets and damages.
forty-fourth Where an operator to provide goods or services, property damage occasioned by the consumer, it shall be in accordance with the requirements of consumers in order to repair, redo, replacement, return, make up products , return of the purchase price and services, or compensation for losses, civilian obligation. Consumers and business have a detach agreement, shall be implemented.
provisions of the State forty-fifth 条 operators and consumers agreed or repair, replace or return the merchandise, the operator shall be responsible for repair, replacement or return. Repaired twice during the warranty period can not normally use,Lacoste Camden Trainers, the operator shall be responsible for replacement or return.
for fix, replacement, return a colossal commodity, consumers demand repair, replacement or return, the operator shall bear the reasonable costs of transmission.
forty-sixth Where an operator to deliver goods by mail order, it shall be in accordance with the agreement. Not in accordance with the agreement, it should achieve the agreements in accordance with the requirements of the consumer or refund the purchase price; and shall be liable to pay the reasonable expenses of consumers.
Forty-seventh Where an operator for advance payment of goods or services provided shall be in accordance with the agreement. Not in accordance with the agreement, it should fulfill the agreements in accordance with the requirements of consumers, or return the advance payment; and shall bear interest on advances, consumers must pay causativeable fee.
Forty-eighth
lawfully decided by the relevant administrative departments for the substandard goods, consumer demands the return, the operator should be responsible for the return.
forty-ninth Where an operator to provide goods or services fraud,Lacoste Strap Trainers, shall be in accordance with the requirements of consumers, amplify the compensation for the losses and boost the quantity of compensation for consumers to buy goods the price or double the cost of receiving services.
fifth ten operators of the following circumstances, and regulations implemented; laws and regulations are not provided for by the administrative department for manufacture and commerce shall order a adjustment, you can light of the circumstances or concurrently a advising, confiscate the illegal income, impose a more than 5 times the illegal income shall be imposed, there are no illegal income, impose a fine of less; circumstances are solemn, shall be ordered to halt business for rectification,Womens Lacoste Trainers, revoke its business license:
(a) the production and sale of goods does not meet the protection of personal and property safety;
(b) commodities adulterated or impurities, shoddy, or unqualified commodities as qualified products;
( c) the production of the obsolete or selling expired goods, deterioration of the goods;
(d) the origin of ######## goods, ######## or falsely use the name and address, forgery or fraudulent use of appraisal signs, characters of quality such outstanding marks;
(e) sales of goods subject to inspection and quarantine without inspection, quarantine, or counterfeit inspection and quarantine results;
(logo) for goods or services are misleading for to the false dissemination;
(g) of the consumer for repair, redo, replacement, return, making up the digit of goods, repay the purchase price and service or compensation for losses, deliberately delaying or unreasonably refused;
(h) violations against human dignity or the consumer consumers personal emancipation;
(9 ) laws and regulations of the damage to the interests of consumers should be punished in other cases.
第五十一条 operators satisfied with the determination on administrative penalty may, later receiving the penalty within fifteen days from the date of the afterward higher class authority for reconsideration satisfied with the decision , from the receipt of the reconsideration decision within fifteen days from the date of court proceedings to the people; also directly to the people's tribunal proceedings.
fifty bar to violence, threats, hinders the administrative departments concerned from performing their duties, shall be investigated for criminal responsibility; refuse or hinder the work of the relevant administrative departments perform their duties according to law , not using violence or threats, the public security organs in accordance with the
第 fifty-three state workers omit their duties or asylum business operators against acts of legitimate rights and interests of consumers, by unit or higher shall be given administrative sanctions; the circumstances are serious, constitutes a crime shall be held criminally responsible.

Chapter VIII

第 fifty-four planters purchase and use directly in agricultural production substances, with reference to this law.
This Law shall
fifth January 1, 1994 shall come into force.