中华人民共和国广告法 ADVERTISEMENT LAW OF THE PEOPLES REPUBLIC OF CHINA

vertising charges， and may impose a fine of more than the amount of the advertising charges and less than five times the amount of the advertising charges.

　　Article 43 Where， in violation of the provisions of Article 34 of this Law， publishing of an advertisement without examination and approval from the advertisement examina

tion organ， the advertising supervision and control organ shall order the advertiser， advertising operator and advertisement publisher， which are responsible to the advertisement， to stop publishing the advertisement， confiscate their advertising charges， and impose a fine of more than the amount of the advertising charges and less than five times the amount of the advertising charges.

　　Article 44 Where an advertiser furnishes false and deceiving documentation， the advertising supervision and control organ shall impose a fine of more than 10，000 yuan and less than 100，000 yuan.

　　Where anyone counterfeits， alters or transfers documents of an advertisement examination decision， the advertising supervision and control organ shall confiscate its illegal gains and impose a fine of more than 10，000 yuan and less than 100，000 yuan. Where the act constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 45 Where an advertisement examination organ has made an examination and approval decision for illegal content of an advertisement， the person directly in charge and other persons directly responsible shall be subject to administrative penalties imposed by their units， superior organs or administrative supervisory departments according to law.

　　Article 46 Any person of an advertising supervision and control organ or advertisement examination organ， who neglects his or her duty， abuses his or her power of office or practises favouritism or other irregularities， shall be subject to administrative penalties. Where his or her act constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 47 An advertiser， advertising operator or advertisement publisher， who， in violation of the provisions of this Law， commits any of the following right-infringing acts， shall bear civil responsibility according to law.

　　1. impairing in advertising the physical and mental health of the minors or the disabled；

　　2. palming off as a patent of others；

　　3. belittling commodities or services of other producers and manufacturers or operators；

　　4. using the names and images of others without consent in advertising； or

　　5. other infringements of the lawful civil rights and interests of others.

　　Article 48 A party concerned which disagrees with an administrative penalty decision may， within fifteen days from the date of receiving notice of the penalty decision， apply for a reconsideration to the next higher organ of the organ which makes the administrative penalty decision； the party may， within fifteen days from the date of receiving notice of the penalty decision， also directly file a suit in a people's court.

　　The reconsideration organ shall， within sixty days from the date of receiving the application for reconsideration， make a reconsideration decision. A party concerned which disagrees with the reconsideration decision may， within fifteen days from the date of receiving the reconsideration decision， file a suit in a people's court. If the reconsideration organ fails to make a reconsideration decision within the time limit for reconsideration， the party concerned may， within fifteen days from the expiration of the reconsideration， file a suit in a people's court.

　　In the event of a party concerned failing both to apply for a reconsideration or to file a suit in a people's court within the time limit， and to comply with a penalty decision， the organ which makes the penalty decision may apply to a people's court for enforcement.

　　Chapter VI Supplementary Provisions

　　Article 49 This Law shall come into force as of February 1， 1995. If any content related to advertising in other laws and regulations formulated prior to the implementation of this Law is inconsistent with this Law， this Law shall prevail

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