Regulations of Shanghai Municipality on The Protection of Co
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Regulations of Shanghai Municipality on The Protection of Consumers'' Rights And Interests Chapter I General Provisions Article 1 With a view to protecting the legitimate rights and interests of consumers, upholding the social economic order, and promoting the healthy development of a socialist market economy, these Regulations are formulated in accordance with the"Law of the People's Republic of China on the Protection of Consumers'Rights and Interests"and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality. Article 2 The legitimate rights and interests of consumers who purchase and use goods or receive services within the administrative area of this Municipality for their living and consumption needs shall be protected by these Regulations. Where laws and administrative regulations provide otherwise, such laws and regulations shall prevail.Business operators who provide the goods they produce and sell or provide services for consumers shall abide by these Regulations. Where laws and administrative regulations provide otherwise, such laws and regulations shall prevail. Article 3 Business operators shall conduct their business transactions with consumers in accordance with the principle of voluntariness, equality, fairness, and good faith.The protection of the legitimate rights and interests of consumers shall be based on the principle of the combination of State protection, self-discipline by business operators, and social supervision.The protection of the legitimate rights and interests of consumers shall facilitate the exercise of their rights and be suited to the level of social and economic development. Article 4 State organs in this Municipality shall adopt measures according to their respective duties to protect by law the legitimate rights and interests of consumers from being infringed. Industrial and commercial administrative departments at all levels and other relevant administrative departments shall strengthen in accordance with law their supervision of business operators, strictly investigate and deal with all acts infringing the legitimate rights and interests of consumers ,and actively support the consumers'associations in their work. Article 5 Consumers'associations and other consumers'organizations are mass organizations established according to law to protect the legitimate rights and interests of the consumers.Consumers'associations shall perform their functions in accordance with law and actively play their role in protecting the legitimate rights and interests of the consumers.Other consumers'organizations shall exercise various forms of mass supervision that aim at protecting the legitimate rights and interests of the consumers. Article 6 Relevant trade associations shall see that the business operators in their respective trades operate in accordance with law and strengthen self-discipline, and formulate rules of the trade that embody the protection of the legitimate rights and interests of the consumers.Mass media shall do well in publicizing the protection of the legitimate rights and interests of consumers and expose and criticize acts infringing on the legitimate rights and interests of consumers.All units and individual persons shall have the right to subject acts infringing on the legitimate rights and interests of consumers to all forms of mass supervision. Chapter II Rights of Consumers Article 7 When purchasing and using goods or receiving services, consumers shall have the right of ensuring their personal and property safety from being jeopardized. Consumers shall have the right to require that the goods and services provided by the business operators meet the compulsory State standards, trade standards and local standards on protecting the personal and property safety. In the absence of the compulsory State standards, trade standards and local standards, the goods and service shall meet generally accepted safety and health standards of society at large.Consumers shall have the right to require business operators to provide safe consumption premises and environment. Article 8 When purchasing and using goods or receiving services, consumers shall have the right to inquire about and know the actual conditions of the goods or services in question and the terms of trade.Consumers shall have the right to request the business operators of the goods to provide information concerning the prices, places of origin, manufacturers, uses, performances, specifications, grades, main components, net content, date of production, effective period, certificates of inspection, instructions on usage, skills of use, after-sale services, or the certificate of ownership, building structure and area composition of commodity housing, and to request the providers of services to provide information concerning the contents, specifications, cost, standards, testing and inspection reports or maintenance service records of the services. Article 9 Consumers shall have the right to choose by themselves the providers of goods or services, the types of goods or modes of service, and to decide for themselves to purchase or not to purchase any particular goods and accept or not to accept a particular service.When choosing goods or services on their own, consumers shall have the right to make comparisons, appraisals, and pick and choose. Article 10 Consumers shall have the right to require the business operators to follow the principle of fairness in providing goods or services. When purchasing goods or receiving services, consumers shall have the right to negotiate on an equal footing prices and other terms of trade, as well as the right to receive goods and services of guaranteed quality, at reasonable prices and with accurate measurements. Article 11 When purchasing and using goods and receiving services, consumers shall have the right to have their personality and ethnic customs and habits respected. Article 12 Consumers shall have the right to acquire knowledge of the protection of the legitimate rights and interests of consumers, including their rights, business operators'obligations and modes of settling consumption disputes. Article 13 Consumers shall have the right to form mass organizations in accordance with law to protect their own legitimate rights and interests. Article 14 When purchasing and using goods or receiving services, consumers shall have the right to claim damages from business operators in accordance with law, if their right to life and health, names, portraits, reputation, honor, or privacy, or other rights of the person is infringed upon.When purchasing and using goods or receiving services, consumers shall have the right to claim according to law damages from business operators for losses incurred, if their property is damaged. In the absence of any specific provisions of relevant laws and regulations, consumers shall have the right to claim compensations from the business operators in line with rules of the trade. Article 15 Consumers shall have the right to make comments and suggestions on the quality, prices and measurements of goods and services, management style and service attitude, as well as the right to report to relevant administrative departments against the tortious nets of business operators, and the right to report to mass media relevant circumstances as they really are.Consumers shall have the right to make comments and suggestions on the modifications of those contents in the rules of the trade formulated by trade associations or jointly agreed on by business operators that are unfavorable to the protection of consumers. Consumers shall have the right to make suggestions to State organs on their work to protect the legitimate rights and interests of consumers and the right to criticize, impeach or sue State organs and their staff for any violations of law or neglect of their duties in their work to protect the legitimate rights and interests of consumers.Consumers shall have the right to make comments and suggestions on the work of consumers'associations and other consumers'organizations. Chapter III Obligations of Business operators Article 16 Where there are agreements with consumers, business operators shall perform their obligations as agreed on.Where business operators have given express warranties to consumers for the quality and prices of goods or services and their after-sale obligations in publicized forms, such as commercial advertisements, product descriptions, samples of actual goods, or notices, statements or announcements on shop premises, the quality and prices of the goods or services they provide and their after-sale obligations shall be identical with what is expressly warranted. The consumers who are led by the above express warranties to purchase the goods or accept the services may require the business operators to take such express warranties as the contents of their agreements.When providing goods or services, business operators shall not lay down in the form of standard contract terms rules that are unfair and unreasonable to consumers or other rules that exempt business operators from their obligations, increase the obligations of the consumers and eliminate the rights of consumers. Article 17 Business operators shall guarantee that the goods, services, facilities and premises they provide meet the requirements for the protection of the personal and property safety of consumers.Business operators shall give consumers truthful explanations of and explicit warnings on those goods, services, facilities and premises that may endanger personal and property safety, describe and indicate the correct ways to use such goods, facilities and premises or receive such services, as well as those for the prevention of the occurrence of injury. Business operators engaged in adventurous entertainment business shall have proper technical conditions, service equipment and necessary protection and rescue facilities that will ensure the personal safety of consumers, and formulate emergency schemes in advance. Article 18 When providing goods or services, business operators shall not do the following acts: （1）Insult or slander consumers; （2）Search the bodies of consumers or things they carry on their person; （3）Violate the personal freedom of consumers; （4）Cause the permanent destruction or damage of specified mementos that are of symbolic personal significance toconsumers; Article 19 When providing goods or services, business operators shall give consumers truthful introductions and explanations in clear and explicit terms or language and respond to the inquiries of consumers in a truthful and honest manner;When providing goods or services, business operators shall take the initiative in line with law provisions, rules of the trade, and trade practice to inform consumers of the following facts or produce relevant written documents: （1）The prices, places of origin, manufacturers, uses, performances, specifications, grades, main components, net contents, production dates, effective periods, certificates of inspection, instructions on use, skills of use, after-sale services, or certificates of ownership, building structure and area composition of commodity housing; （2）Contents, specifications, costs, standards, testing or inspection reports or maintenance service records of relevant services. Article 20 The signs and marks of goods or services provided by business operators shall conform to the provisions of laws and regulations.Goods provided by business operators that do not reach standard grades stipulated, but still have use values shall be so marked in conspicuous positions and so indicated in the vouchers of purchase for consumers. Those who distribute imported goods as agents shall indicate on the goods the names and addresses of the agents.Business operators providing services shall put up in conspicuous positions of their business premises service signs and marks, which shall contain the following information: （1）The contents, quality standards and charge rates of services; （2）Points for attention in the course of services, restrictions and cue points; （3）Other contents related to services that should be indicated or marked. Article 21 When providing goods or services, business operators shall see that their prices are clearly marked as required, to the extent that both the labels and the prices are provided, the contents of the price labels are true and unambiguous, the writings are legible, the goods and labels match, and the marks are eye-catching. In case of any price changes, timely adjustments shall be made.Business operators shall not sell goods or provide services at prices higher than marked, nor collect any charges that are not marked. Article 22 When providing goods or services, business operators shall not infringe upon the legitimate rights and interests of consumers by such fraudulent and deceitful practices as passing fakes for genuine and inferior for superior goods, selling adulterated goods and putting up false price labels. Fraudulent and deceitful practices mentioned in the preceding clause, refer to intentionally providing false information to consumers or hiding facts and truth from them, so as to lure consumers into acts that mistakenly express their intent. Article 23 Business operators shall display their true names and signs in conspicuous positions in their business premises.Those who rent others'counters or premises for carrying out their business activities shall display their true names and signs.Business operators who engage in business activities through Internet trade platforms shall display their true names, addresses and scope of business in conspicuous positions on the relevant web page of the Internet Article 24 When providing goods or services, business operators shall issue to consumers vouchers of purchase, service bills or, at the request of consumers, lists of charges in addition to vouchers of purchase and service bills, in line with relevant State provisions or trade practices. Article 25 Business operators shall not force consumers to buy goods or accept services, sell on a tie-in basis goods or services, or attach other unreasonable conditions against the will of consumers. The provision of alternative services is subject to the prior consent of consumers. Article 26 If settlement for the sale of goods or provision of services by business operators is based on quantity, legal measurement units shall be indicated and measurement appliances that are appropriate to their business or service items and meet the State provisions shall be provided and used. The goods provided by business operators shall not be short in quantity, nor shall they use the weight of packing as the basis for the pricing of goods. They shall not refuse requests by consumers to verify the measurements. Article 27 Business operators shall inform consumers in advance of any stoppage in the provision of goods or services attributable to their own causes, and make appropriate arrangements therefor. They shall make due compensations to consumers for any damages caused to consumers.In case of any stoppage in the provision of goods or services for reasons, such as failure to pay fees on the part of consumers, business operators of public utilities shall inform consumers thereof in advance, and allow consumers necessary time to get prepared. Article 28 Business operators who sell goods by mail, TV （telephone） or the Internet shall ensure that the appearance, quality and performances of the goods are the same as advertised and deliver the goods within the time frame promised.Business operators who sell goods from door to door shall secure the consent of the consumers to be visited. When making door-to-door sales, the sales persons shall produce documents showing authorization from the business operators for door-to-door sales and the IDs of the salespersons, and inform consumers in writing of the functions, characteristics, model numbers and prices of the goods promoted, as well as their after-sale services and business addresses.Goods sold by business operators from door to door may be returned by consumers without giving any reasons within seven days from the date of purchasing and receiving the goods, except those goods whose quality warranty period is less than seven days. Consumers shall not bear any expenses when returning goods that are not soiled or damaged. Article 29 When providing goods or services, business operators shall not require consumers to provide personal information that has nothing to do with consumption. Unless otherwise provided by law and regulations, business operators shall not disclose for any reason personal information of consumers to third parties without the consent of the consumers concerned.Personal information, as mentioned in the preceding two clauses, shall include the names, sex, occupations, education, contact means, marital status, income and property, finger prints, blood types, medical history and other information that is closely related to the consumers themselves and their families. Article 30 When sending commercial advertisements to consumers, business operators shall not increase the expenses for consumers without the consent of the consumers. Article 31 Business operators shall undertake obligations to repair the goods they sell, and the period of existence of such obligations shall not be less than six months, except for those goods that are low in value and easily consumable. Commodity housing, automobiles and other goods for which the State and this Municipality have otherwise provided shall be subject to such provisions.Business operators shall undertake to replace goods in accordance with State provisions, rules of the trade or contractual agreements. In case of any one of the following situations identified in connection with the goods or services provided by business operators, where consumers demand the remaking or the return of goods or the refunding of payments, the business operators shall agree to the remaking or return of the goods, or refund the payments made, unless otherwise provided by laws or regulations or agreed on in the contracts: （1）The goods or services are found to be below standard upon appraisal by appraisal institutions; （2）The business operators resort to fraud and cheating in providing goods or services; （3）Quality problems are identified in the goods within the period of guarantee provided by the State, stipulated in the contract, or promised by the business operators, and the business operators refuse or do not have the ability to repair them, but do not entrust any other person to repair them. （4）Return of goods for refunding is stipulated in the contract or promised by the business operators; （5）It is still impossible to put the goods to normal use even after having repaired twice during the period of guarantee; （6）In case of sale of the goods by the business operators via mail, TV （telephone） or the Internet, the goods is found to be not identical with what is advertised and the consumers demand the return of the goods within seven days from the date of receiving the goods; （7）Other situations where the return of goods by consumers or refunding is provided by laws, rules or regulations;Business operators shall promptly perform their obligations to repair, replace, remake, or accept the return goods and refund within the time limit provided by the State, or promised by the business operators and they shall not delay deliberately.Where the State has not provided or the business operators have not promised a time limit for the performance of the obligations to repair, replace, remake, or accept the return goods and refund, the business operators shall respond within twenty days from the date of receiving the request from consumers for their performance of their obligations, or within twenty days from the date of receiving notification from administrative departments that deal with consumer disputes or consumers'associations requesting them to perform their obligations. Article 32 The provision of goods or services to consumers by business operators by promotional means, such as prizes and giveaways, on the condition that the consumers purchase goods or accept services, shall not exempt the business operators from their obligations to repair, replace, remake, or accept the return of those prizes and giveaways or those services provided as prizes or gifts. Article 33 If business operators have identified serious defects in the goods or services they provide and such goods or services shall still endanger the personal and property safety of consumers even if used or received correctly, they shall immediately suspend or terminate the sale of such goods or the provision of such services. If the goods are already sold, emergency measures shall be taken to inform the consumers thereof and such goods shall be called back for repairs, replacement or destruction, and at the same time, reports thereof shall be submitted to relevant administrative departments and trade associations.If serious defects mentioned in the preceding clause are identified in the goods or services provided, and the business operators fail to take measures provided in the preceding clause, relevant administrative departments shall require according to law the business operators to suspend or stop at once the sale of such goods or the provision of such services, and to recall the goods already sold.When the Municipal Consumers'Association identifies serious defects in goods or services, it may make appropriate suggestions to relevant administrative departments. Article 34 Business operators shall keep all the original invoices, bills and other documents received when purchasing their goods, which may prove the source of the goods they purchase, and establish a day-to-day account therefor.Business operators shall listen to comments from consumers and deal with their complaints in a timely manner. Article 35 The business operators and managers of commodity trading markets and the providers of premises （counters） shall put up bulletin boards in conspicuous positions in trading places to publicize matters related to the safeguarding of the legitimate rights and interests of consumers.The industrial and commercial administrative departments shall be responsible for the supervision of the establishment of such bulletin boards and the contents they publicize. Chapter IV State Protection Article 36 When formulating laws, rules, regulations and policies concerning the protection of the legitimate rights and interests of consumers, the State organs of this Municipality shall solicit the opinions and requests of consumers'organizations and consumers. Article 37 The municipal, district and county people's governments shall strengthen their leadership of the protection of the legitimate rights and interests of consumers, organize, coordinate and supervise and urge relevant administrative departments in ensuring the effective protection of the legitimate rights and interests of consumers.Industrial and commercial administrative departments, quality and technical supervision departments, trade, urban transportation, tourism, construction, housing and land resources and other relevant administrative departments shall solicit the opinions of consumers, accept and handle the consumers'complaints that fall within the scope of their respective duties and strengthen market supervision so as to protect the legitimate rights and interests of consumers. Article 38 The municipal, district and county industrial and commercial administrative departments and quality and technical supervision departments may exercise the following functions and powers: （1）To carry out on the spot checkups on places of illegal production and marketing activities of parties suspected of infringement on the legitimate rights and interests of consumers; （2）To find facts and information from the legal representatives and leading officials of parties and other personnel concerned on suspected illegal production and marketing activities infringing on the legitimate rights and interests of consumers; （3）To examine and copy relevant contracts, invoices, account books and other materials of parties concerned; （4）To sequester or seize those goods with serious defects, when there are grounds to believe that they will endanger the personal and property safety of consumers.Other administrative departments shall investigate and deal with suspected infringement on the legitimate rights and interests of consumers in accordance with their respective functions and powers provided by law. Article 39 People's courts at all levels of this Municipality shall take measures in accordance with the provisions of the"Civil Procedure Law of the People's Republic of China"to hear cases of consumption disputes in a timely manner, and protect the legitimate rights and interests of consumers in accordance with law. Chapter V Consumers'Organizations Article 40 Consumers'associations shall be established in accordance with law at the municipal, district and county levels. The boards of directors of consumers'associations shall be composed of representatives of consumers and representatives appointed by relevant administrative departments.The Municipal Consumers'Associations shall establish such specialized working bodies as it deems necessary for its work.Other consumers'organizations shall be established according to law and in accordance with relevant provisions on the administration of mass organizations. Article 41 Consumers'associations shall perform the following functions: （1）To make suggestions to people's governments of all levels and their working departments on the protection of the legitimate rights and interests of consumers and to make suggestions and proposals to business operators on the improvement and perfection of measures to protect the legitimate rights and interests of consumers; （2）To publicize laws and regulations on the protection of the legitimate rights and interests of consumers, and carry out the education campaigns on knowledge of consumption; （3）To regularly conduct investigation, comparisons and analyses of the quality, prices and after-sale services of goods and services, as well as of the comments of consumers, and to provide consultancy services to consumers; （4）To accept and handle complaints from consumers, conduct investigations into and mediations on the subjects of complaints, and submit them for appraisals by legal organs, or put forward their suggestions to be transmitted to relevant departments and units for handling; （5）To participate in the supervision, inspection and testing conducted by relevant administrative departments and trade associations on the quality, prices, safety, hygiene and measurements of goods and services; （6）To report to relevant administrative departments and trade associations any infringement on the legitimate rights and interests of consumers, and make inquiries and suggestions thereupon; （7）To expose and criticize via mass media any infringement on the legitimate rights and interests of consumers; （8）To support consumers in filing actions or applying for arbitrations in accordance with law; （9）Other work related to the protection of the legitimate rights and interests of consumers.People's governments at all levels shall provide guidance, support and assistance for consumers'associations in performing their functions in accordance with law, as well as necessary financial support. Article 42 The Municipal Consumers'Association shall from time to time issue information about consumption warnings and consumption guidance, based on the results of handling consumer complaints in this Municipality, and in response to the demand of consumers, so as to help consumers to enhance their ability to protect themselves, and guide them in developing a scientific and rational consumption pattern. Article 43 The Municipal Consumers'Association shall conduct annual surveys in certain number of trades and report the results of these surveys to the Municipal People's Government and its working departments, based on the complaints of the consumers and the needs of the work to protect the legitimate rights and interests of consumers. Relevant administrative departments, trade associations and business operators shall render their support and cooperation in this regard. Article 44 The Municipal Consumers'Association may disclose to the general public complaints from consumers that have been verified. Article 45 Consumers'associations and other consumers'organizations shall not recommend for profits goods and services to the public, accept any payment of expenses from business operators or apportion the business operators any expenses.The consumption information released by the Municipal Consumers'Association, the reports of surveys it submits and its disclosure of consumers'complaints shall be legal, objective and impartial. Article 46 Relevant administrative departments and trade associations shall convey to the Municipal Consumers'Association in a timely manner any information concerning the legitimate rights and interests of consumers. Any inquiries from consumers'associations concerning matters related to the protection of the legitimate rights and interests of consumers shall be answered promptly. Chapter VI Mode of Settlement of Disputes Article 47 Business operators and consumers are encouraged to settle consumption disputes through consultation and conciliations. The conciliations reached between the two parties shall not violate the provisions of laws, rules and regulations, public interests of society at large and the legitimate rights and interests of others. Article 48 Consumers'associations shall promptly handle complaints from consumers. Reasons shall be given to consumers, should such complaints do not fall within their scope of acceptance and handling.Consumers'associations shall provide conveniences for consumers in filing their complaints. Article 49 After accepting and handling a complaint, a consumers'association shall complete its mediation process within sixty days. However, if the consumers request to continue the mediation, the time limit for mediation shall be extended to a reasonable extent.If agreement is reached as a result of the mediation of the consumers'association, the consumers'association shall prepare a conciliation agreement upon the request from both parties to the consumption dispute. Should such mediation efforts fail, the consumers'association shall inform the parties concerned of other ways of settlement.If in the course of accepting and handling a consumption dispute, the consumers'association finds that the consumption disputes has been accepted and handled or mediated by other consumers'associations, it may terminate the acceptance and handling.If the consumers'association believes that the business operators have done illegal operational activities that infringe on the legitimate rights and interests of consumers, the consumers'association shall inform in writing relevant administrative departments thereof, which shall deal with them in a timely manner and inform the consumers'association in writing of the results of their handling process. Article 50 Consumers may file petitions with relevant administrative departments on consumption disputes.After accepting the petitions from the consumers, the relevant administrative departments shall examine the operational activities of the business operators in accordance with law, take actions according to law if it is established that the operational activities of the business operators violate the provisions of laws, rules or regulations, and supervise and urge the business operators to make due compensations, or assume other civil liabilities to the consumers, where damages are done to the consumers. Article 51 In order to settle a consumption dispute, consumers may apply for arbitration under the arbitration agreement or file actions according to law. After receiving the case, the arbitration commission or the people's court shall deal with the consumption dispute in a summary procedure in accordance with law. Article 52 When filing complaints with consumers'associations or petitions with relevant administrative departments, consumers shall provide the actual items of goods, purchase vouchers, service bills or other evidences that can prove the existence of consumption relationship. Article 53 If it is necessary to conduct tests or appraisals in a dispute over the quality of goods or services, consumers and business operators may conduct such tests or appraisals as agreed on between the two parties. In the absence of such an agreement, the consumers'associations or administrative departments dealing with the consumption complaints or petitions shall authorize or designate duly qualified testing institutions or professional institutions to conduct such tests or appraisals.The expenses of testing and appraisals, to be paid first by the business operators for the parties to the dispute with an equal amount of security provided by the consumers, shall finally be borne by the liable party, or be shared by the two parties, if it is impossible to determine the liability. When the consumers'associations or relevant administrative departments find it necessary to conduct tests or appraisals in dealing with consumers'complaints or petitions, relevant testing institutes shall accept such requests, and produce testing or appraisal reports in a truthful manner. Reasons shall be given if it is impossible to conduct the tests or appraisals requested. Chapter VII Legal Liability Article 54 Business operators who do not perform their obligations provided by Chapter III of these Regulations and cause detriment to the legitimate rights and interests of consumers, shall assume corresponding civil liabilities in accordance with the provisions of the"Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers", other related laws, regulations and these Regulations, and the wrongdoer whose act constitutes a crime shall be prosecuted for the criminal liability in accordance with criminal law. Article 55 Business operators who cheat in their provision of goods or services shall increase their compensations for the losses sustained by consumers as demanded by the consumers and the amount of the increase in compensation shall be one time the price of the goods purchased by the consumers or the expenses of the services received. Article 56 If business operators have any one of the following circumstances, for which the"Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers", the"Law of the People's Republic of China on the Quality of Products", and other related laws and regulations have provisions on the administrative punishment organs, as well as the types and range of punishments, the provisions of such laws and regulations shall apply. If any such law or regulations does not have such provisions, the industrial and commercial administrative departments shall order the business operators to make corrections and may，separately or cumulatively，give warnings, confiscate the illegal gains, confiscate the illegal property, or impose fines between not less than one time and not more than five times the illegal gains, depending on specific circumstances. In case there are no illegal gains, fines less than ten thousand yuan shall be imposed. In serious cases, orders shall be issued to suspend the business for rectification （1）Failure to put up service marks as required; （2）Failure to indicate true names and post marks as required; （3）Provision of goods or services by fraudulent and deceitful means that infringe on the legitimate rights and interests of consumers; （4）Failure to provide purchase vouchers or service bills as required; （5）Forcing consumers to purchase goods or accept services; （6）Giving goods less than the proper quantity or using the weight of packing materials as the basis for the pricing of goods; （7）Failure to secure the consent of consumers or provide documents required for door-to-door sales; （8）Distributing commercial advertisements and increasing the expenses of consumers without their consent; （9）Inability to provide documents to prove the sources of their purchased goods. Article 57 Business operators who violate these Regulations, shall assume civil liabilities and pay fines. Where their property is not enough to make payments at the same time, they shall first assume civil liabilities for compensations. Article 58 Consumers whose legitimate rights and interests are infringed on in purchasing and using goods may claim compensations from the sellers. If the liability for the violations is attributable to the producers or other sellers who provide the goods to the sellers, the sellers concerned shall have recourse against the producers or the other sellers for compensations after paying the compensations.If consumers or other injured party suffer personal or property damages due to defects of goods, they may claim compensations from the seller or the producers. If the liability lies with the producers, the seller shall have recourse against the producers after paying the compensations. If the sellers are held liable, the producers shall have recourse against the sellers after paying the compensations.Consumers, whose legitimate rights and interests are infringed on in receiving services, may claim compensations from the business operators who provide the services. Where the business operators providing the services are not held liable, the service providers shall have recourse against the liable party. Article 59 Parties who object to the specific administrative acts of the industrial and commercial administrative departments and other relevant administrative departments may apply for administrative reconsideration or file administrative actions in accordance with the provisions of the"Law of the People's Republic of China on Administrative Reconsideration'or the"Law of Administrative Litigation of the People's Republic of China".If the parties do not apply for reconsideration of or file actions against the specific administrative acts within the prescribed time limit, and refuse to perform them, the industrial and commercial administrative departments and other administrative departments making the specific administrative acts shall apply to the people's court for enforcement. Article 60 Personnel in direct charge and other directly responsible personnel in the industrial and commercial administrative departments and other relevant administrative departments, as well as the working staff of the consumers'associations, who neglect their duties, abuse their powers or play favoritism and commit irregularities, shall be subjected to disciplinary sanctions by their own units or the higher competent departments according to law. Those whose wrongful act constitutes a crime shall be prosecuted for criminal liability. Chapter VIII Supplementary Provisions Article 61 Peasants who purchase and use the means of production that are to be directly used in agriculture and sideline production shall refer to these Regulations for implementation. Article 62 These Regulations shall become effective from January 1, 2003. The"Regulations of Shanghai Municipality on the Protection of the Legitimate Rights and Interests of Consumers"adopted on December 22, 1988 at the fifth session of the Standing Committee of the Ninth Shanghai Municipal People's Congress shall at the same time be repealed |
