制止牟取暴利的暂行规定
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（Approved by the State Council on January 11， 1995 and promulgated by Decree No .4 of the State Planning Commission on January 25， 1995） Article 1 These Provisions are formulated for the purpose of safeguarding the order of the social market economy， prohibiting exorbitant profits and protecting the rights and interests of the consumers. Article 2 These Provisions shall apply to the commodities and services which have major influence on the national economy and social development and have close relationship with the residents' life （hereinafter referred to as the commodities and services）。 Items of the commodities and services prescribed in the proceeding paragraph shall be promulgated and adjusted in accordance with the relevant provisions of the State Council by the price administration department of the State Council； of those which are carried out with the national fixed price， they shall be executed with the national fixed price and subject to the provisions concerning price administration of the State Council. The people's governments of the provinces， autonomous regions and municipalities directly under the Central Government may， in a view of the actual situation in their own areas， on a basis of items of the commodity and service promulgated by the price administration department of the State Council， decide to increase the items of the commodities and services that have close relationship with the residents' life of their own areas and promulgate them， and report to the price administration department of the State Council for the record. Article 3 These Provisions must be observed by the citizens， legal persons and other organizations （here in after referred to as producers and operators） which are engaged in production， operation and payable service supply within the territory of the People's Republic of China. Article 4 The pricing activities of the producers and operators shall be subject to the principle of openness， fairness and good faith， implemented with the State provisions concerning listed price for the commodities and services. Article 5 The charging standard of the commodity price and service fee （hereinafter referred to as the price） shall be complied with the following requirements： （1） the price level of a certain commodity or service does not exceed the reasonable extent of the average market price level of the same kind of commodity or service at the same classification， during the same period， in the same area； （2） the price difference rate of a certain commodity or service does not exceed the reasonable extent of the average price difference rate of the same kind of commodity or service at the same classification， during the same period， in the same area； or （3） the profit rate of a certain commodity or service does not exceed the reasonable extent of the average profit rate of the same kind of commodity or service at the same classification， during the same period， in the same area， with the exception of the profit rate achieved by the producers and operators by way of improving the operation management， applying new technology， decreasing the cost or increasing the efficiency. Article 6 The average market price， average price difference rate and average profit rate of the commodities and services shall be determined on the basis of their average social cost. The reasonable extent of the average market price， average price difference rate and average profit rate of the commodities and services shall be prescribed according to its relationship with the national economy and social development or the degree of its close relationship with the residents' life， the situation of market demand and supply and the features of different commodities or services at different links， in different trade lines. Article 7 The average market price， average price difference rate， average profit rate， and their reasonable extent， of the commodities and services shall， by the price administration department of the people's governments of the provinces， autonomous regions and municipalities directly under the Central Government together with the competent departments concerned， be determined and prescribed according to the provisions of the price administration department of the State Council， and promulgated； the price administration departments of the people's governments of the provinces， autonomous regions and municipalities directly under the Central Government also may according to the necessity， delegate the price administration departments of the governments of the cities or counties to determine and prescribe the average market price， average price difference rate， average profit rate and their reasonable extent， of part of the commodities and services which have close relationship with the residents' life， and promulgate them. The competent departments concerned and the producers and operators shall coordinate with the determination work of the price administration departments. Article 8 The producers and operators shall not， in violation of these Provisions， illegally seek profit through the following methods： （1） do not list the prices according to the provisions or demand a higher price besides the listed prices； （2） to lie about the price cut and profit reduction， or make a price cheating with the favouring price， discount， disposed price， lowest price and other false price information； （3） to collude with each other between the producers and operators or between the trade lines organizations， and to rig prices； （4） against the principle of fairness and voluntariness， to force counter part of the deal to accept a high price； （5） other price cheating methods. Article 9 The producers and operators shall not refuse or prevent the price supervise and inspect personnel to excite their duties according to the law. Article 10 As to any exorbitant profit seeking activity on behalf of the producers and operators， any working unit and individual shall be entitled to have the right to complain or report to the price supervision and inspection agencies. After accepting a complaint or receiving a report， the price supervision and inspection agency shall investigate and examine the facts in time， handle the case according to these Provisions， and give the reporters the prizes in a view of circumstances. Article 11 Any violations against the provisions of Article 5 of these Provisions shall be ordered to corrected by the price supervision and inspection agencies； if anyone refuses to make corrections they shall be given a warning， the unlawful income will be confiscated and may be fined to as much as 5 times the amount of the unlawful income. Article 12 To those violating the provisions of Article 8 of these Provisions， the price supervision and inspection agencies shall give a warning， order to return the unlawful income to the sufferer， or confiscate the unlawful income when it con not be returned， and a fine which can be as much as 5 times the unlawful income may be imposed at the same time； if the circumstance is serious enough to constitute a crime， the criminal liability shall be investigated according to the law. Article 13 Where anyone prevents the price supervision and inspection personnel to execute their duties according to the law through violence or intimidation， the criminal liability shall be investigated according to the law； those refusing or preventing the price supervision and inspection personnel to execute their duties according to the law by means other than violence and intimidation， shall be punished by the public security departments according to the relevant provisions of the Regulations of People's Republic of China on the Administrative Penalties for Public Security. Article 14 Where any price supervision and inspection personnel neglect their duties， seek personal interest and commit malpractice， or screen， connive the exorbitant profit-making activities， the disciplinary punishment shall be imposed； if the violation constitutes a crime， the criminal liability shall be investigated according to the law. Article 15 The departments of administration of industry and commerce， auditing， finance， taxation， public security and technological control shall， within their respective limit of functions and powers， assist the price supervision and inspection agencies in inspecting and dealing with any exorbitant profit-making activities. Article 16 The people's governments of provinces， autonomous regions and municipalities directly under the Central Government may， in a view of the actual situation in their own areas， formulate measures in accordance with these Provisions. Article 17 These Provisions shall be implemented by the price administration department of the State Council. Article 18 These Provisions shall enter into force as of the date of promulgation. |
