Consumer Protection Law of the PRC

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

【Key Words】 【】 1994.01.01
111401199301

expiration date】 【Category】 【Content
Civil

【Unit】 NPC Standing Committee issued

Decree XI 【Number】 No.

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


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

order to protect the legitimate rights and interests of consumers, and retain social and economy order, enhance the healthy evolution of socialist mart economy with law.
Article
consumption absences 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 obey with this Act; this Law shall, and shall comply with other relevant laws and regulations .
Article
transactions among 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 prevalent responsibility of society for a whole.
State encourages and supports all organizations and individuals to harm the behaviour of legitimate rights and interests of consumers of social supervision.
mass medium should do a good 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 below another circumstances, necessitate operators to provide the price, origin, producer, uses, performance, size, grade, chief ingredients, production date, expiration date , certificate of inspection, operation directions, service, or service content, specifications, costs and other relevant 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 manner, neutral of any decision to purchase or not to buy a commodity, to adopt or not accept anybody of the services .
consumers in the choice of commodities or services, the right to make comparisons,Womens Lacoste Shua Trainers, identification and culling.
Article
consumers the right to a fair deal.
consumers to purchase goods or receiving services, the right to quality insurance, reasonable prices, exact measures, such as fair trade conditions, the right to refuse 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 defend their legitimate rights and interests of social bodies.
Article XIII entitled to obtain consumer spending and consumer interest in the protection of the rights.
consumers should aspire to main the knowledge necessary commodities or services and use of skills, appropriate use of goods, improve self-protection.
Article XIV
consumers purchase and use goods and receiving services, the enjoyment of their human dignity, right to adore for national customs and institutions.
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 action of consumer rights and state organs and their staff work in the protection of consumer interests in unlawful doings, the right to work on consumer protection criticisms and suggestions.

Chapter operators obligations
Article XVI

operators to provide consumers with goods or services shall in accordance with the
operators and consumers have agreed, shall be in accordance with the compact obligations, but the two sides agreed namely no violation of laws and regulations.
Article XVII
operators should listen to the consumers of goods or services provided by the outlooks and accept 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 advising, and memorandum and indicate the correct use of goods or receiving services and preventative measures against such an incidence.
operators discovered that the goods or services there are solemn flaws, even if the proper use of goods or services received may still be on the personal and property safety peril, it shall swiftly report to the relevant authorities and inform the consumer persons, and to take measures to prevent harm occurring.
Article XIX
operators should provide consumers with goods or services related to real information, not to make artificial and misleading propaganda.
operators on the consumers of their goods or services provided by the quality and use of inquiry means thereof, shall make true and explicit reply.
stores provide goods should be apparently marked.
Diershitiao operator shall indicate their real names and marks.
rental counters or site operators, shall denote their real labels 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 inquire for proof or purchase service of documents, the operator have to produce.
twenty-two business operator shall assure the customary use of goods or receiving services which it provides goods or services should possess the quality, representation, method and validity period; merely consumers buy the goods or receive the services have been aware of the defects prior to the exception.
operators to advertising, product specifications, examples or other means that the quality of goods or services,Lacoste Trainers 2011, it shall certify that the tangible quality of goods or services and that the quality of match.
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 performed, shall not intentionally delay or unreasonably refused.
twenty-four operator shall not fashion contracts, notices, announcements, mart placards such manner unfair to consumers and unreasonable regulations, or dwindle or relinquish the damage legitimate interests of consumers shall bear civil liability.
form contracts, notices, announcements, shop notices and other content contained in the preceding paragraph, the content is ineffective.
Twenty-five operators
consumers may not insult or scandal, may not quest 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 6 countries to amplify statutes, regulations and policies, should hear to the attitudes and demands of consumers.
twenty-seventh the people by all levels should reinforce the administration leadership, organization, coordinate and supervise the administrative ministries as the conservation of the legitimate rights and interests of consumers.
governments at all levels should strengthen supervision to discourage harm consumers, personal and property security acts, adverse to consumers in time to stop the personal and property security.
people's governments at all levels and twenty-eighth and advertisement administrative departments and other relevant administrative departments shall, in accordance with laws and regulations in their relative places of responsibility, take fathom 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 penalize the operators in the provision of goods and services against the legitimate interests of consumers in the illegal and criminal acts.
third ten people's court shall take measures to assist consumer litigation. That meet the

Chapter consumer organizations

第三十一条 consumer associations and other consumer organizations are established by law on the supervision of goods and services fall butcial protection of consumer rights and interests of social groups.
thirty-A consumer federation shall fulfil the following functions:
(a) to provide consumers with consumer information and recommending services;
; (b) participate in the administrative departments for goods and services, supervision and inspection;
(c) issues narrated to legitimate interests of consumers to the pertinent administrative departments, query, recommendations;
(d) receiving consumer complaints, and complaint investigation, mediation;
(e) complaints associated to quality of goods and services , to submit the adept appraisal,Womens Lacoste Arin Trainers, the estimation department shall advise the specialist conclusions;
(vi) to bias the legitimate rights and interests of consumers, support the harmed consumer litigation;
(vii) acts of prejudice legitimate interests of consumers through the hunk media to expose and reprove.
governments at all levels to perform the functions of the consumer associations should be aided.
第三 thirteen Consumer organizations may not engage in commodity business and for-profit services, not to recommend to the society for the purpose of profit-making goods and services.

Chapter VI Settlement of Disputes

第三 fourteen consumers and business operators discussion the interests of consumers, via the following approaches:
(a) referee a settlement with the operator;
(b) apply a consumer association to interfere;
(c) to the relevant administrative departments;
; (d) in accordance with the arbitration agreement approached 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.
users or additional martyrs of imperfect productions occasioned by private or property break, you can demand wage from the jobber,Buy Lacoste, you tin also claim amends to producers. The maker duty, bargains, later disbursing wage, the right apt regain the producer. The responsibility belongs to the seller, producer compensation,Lacoste Trainers UK, the right to recourse opposition the seller.
consumers receiving services, their legitimate rights are creature 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 incipient company department, merger, and can alteration over the rights and obligations companies to claim compensation.
thirty-seventh Use of illegal copyright other operators to provide goods or services, damage to legitimate rights and interests of consumers, consumers may demand compensation, they may also 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 lease term expires, they may also commerce just 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 false advertising because of business to provide goods or services, their legal rights are being infringed may apply to the operator for compensation. Advertising proxies who make false advertisement, a consumer may request the administrative department to be punished. Advertising agents who can not provide the operator's real name, address, shall be liable for damages.

Chapter VII responsibility

fourth ten operators to provide goods or services of 1 of the following circumstances, except 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 sale 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 samples that the quality of the state;
(e) making of the obsolete or selling expired goods, deterioration of the goods;
( vi) insufficient 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, deliberately delaying or unreasonably refused;
(i) laws and regulations of the other damages the interests of consumers position.
第四十一条 operators to provide goods or services, resulting in personal injury to consumers or other victims, pay for medicinal expenses,Lacoste Running Trainers, nursing expenses during medical management, loss of working period cutback income and other expenses, resulting in weakness shall be paid to maimed persons for self fees, alive ration, paralysis compensation, and required for the dependents of people living expenses; constitute a offense shall be held criminally responsible.
forty Where an operator to provide goods or services, resulting in the decease of consumers or other victims, should pay the funeral expenses, compensation asset and the dependents of the deceased person necessary living expenses; constitute a crime 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 damage, rehabilitation, to exclude effects of penance and damages.
forty-fourth Where an operator to provide goods or services, property damage caused 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, civil liability. Consumers and business have a detach agreement, shall be implemented.
provisions of the State forty-fifth 条 operators and consumers coincided or repair, replace or return the merchandise, the operator shall be responsible for repair, replacement or return. Repaired twice during the engagement period can not usually use, the operator shall be responsible for replacement or return.
for mend, replacement, return a massive commodity, consumers claim repair, replacement or return, the operator shall bear the rational costs of transmission.
forty-sixth Where an operator to deliver goods by send order, it shall be in agreement with the agreement. Not in agreement with the agreement, it should achieve the agreements in accordance with the requirements of the consumer or reimburse the buy amount; and shall be liable to pay the reasonable expenses of consumers.
Forty-seventh Where an operator for advance remittance 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 remittance; and shall bear amuse on advances, consumers must pay causativeable fee.
Forty-eighth
lawfully resolved 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, shall be in accordance with the requirements of consumers, mushroom the compensation for the losses and increase the quantity of compensation for consumers to buy goods the price or twice 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 business shall order a alteration, you can light of the circumstances or concurrently a admonition, confiscate the illegal income, levy a more than 5 times the illegal income shall be imposed, there are no illegal income, impose a nice of less; circumstances are serious, shall be ordered to halt business for rectification, 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 counterfeit goods, counterfeit or falsely use the name and residence, forgery or fraudulent use of appraisal signs, characters of quality such noted marks;
(e) sales of goods subject to inspection and quarantine without inspection, quarantine, or counterfeit inspection and quarantine results;
(vi) for goods or services are misleading as to the false propaganda;
(g) of the consumer for repair, redo, replacement, return, making up the digit of goods, refund the purchase price and service or compensation for losses, accidentally delaying or unreasonably refused;
(h) violations against person self-respect or the consumer consumers personal freedom;
(nine ) 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 decision on administrative discipline may, after receiving the discipline within fifteen days from the date of the afterward higher level authorization for reconsideration satisfied with the decision , from the invoice of the reconsideration decision within fifteen days from the date of court proceedings to the people; also directly to the people's court proceedings.
fifty bar to violence, menaces, hinders the administrative departments cared 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 menaces, the public security organs in accordance with the
第 fifty-three state personnel omit their duties or asylum business operators against acts of legitimate rights and interests of consumers, by element 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 materials, with reference to this law.
This Law shall
fifth January 1, 1994 shall come into force.