中华人民共和国消费者权益保护法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF CONSUMER RIGHTS AND INTERE

s and so on with contents mentioned in the preceding paragraph shall be invalid.

　　Article 25 Business operators may not insult or slander consumers， may not search the body of consumers or the articles they carry with them， and may not violate the personal freedom of consumers.

　　Chapter IV Protection of the Legitimate Rights and Interests of Consumers by the State

　　Article 26 The State shall heed to the opinions and demands from consumers when making laws， regulations and policies concerning consumer rights and interests.

　　Article 27 People's governments at various levels shall strengthen their leadership， and organize， coordinate and supervise the administrative departments concerned to do their work well in the protection of the legitimate rights and interests of consumers.

　　People's governments at various levels shall strengthen supervision to prevent occurrence of acts damaging to the personal or property safety of consumers and promptly check any such acts.

　　Article 28 Departments for industry and commerce of people's governments at various levels and other administrative departments concerned shall adopt measures to protect the legitimate rights and interests of consumers within the scope of their respective functions and duties in accordance with the provisions of the laws and regulations.

　　Administrative departments concerned shall listen to the complaints of consumers and their public organizations as to the transactions of business operators and the quality of their commodities and services， and carry out timely investigation and disposition.

　　Article 29 State organs concerned shall， in accordance with the provisions of laws and regulations， punish any law-breaking or criminial activities of business operators infringing upon the legitimate rights and interests of consumers in their supplying commodities or services.

　　Article 30 The people's courts shall adopt measures to facilitate consumers to take legal proceedings and must entertain and handle without delay cases of disputes over consumer rights and interests that meet the conditions for a law suit specifie

d in the Civil Procedure Law of the People's Republic of China.

　　Chapter V Consumer Organizations

　　Article 31 Consumer associations and other consumer organizations are public organizations formed according to law to exercise social supervision over commodities and services and to protect the legitimate rights and interests of consumers.

　　Article 32 Consumer associations shall perform the following functions：

　　（1） to afford consumption information and consultative services to consumers；

　　（2） to participate in supervision over or inspection of commodities and services conducted by relevant administrative departments；

　　（3） to make reports， inquiries and suggestions to relevant administrative departments about issues relating to the legitimate rights and interests of consumers；

　　（4） to accept and hear complaints of consumers and offer investigations and mediations with respect to points of complaints；

　　（5） in case quality of commodities or services is involved， to submit for appraisement the points of complaints to appraisal departments which shall inform them of the expert conclusions；

　　（6） to render support to victims in their legal proceedings against infringement upon the rights and interests of consumers；

　　（7） to expose and criticize through mass media the acts infringing upon the legitimate rights and interests of consumers.

　　People's governments at various levels shall give support to consumer associations in the performance of their functions.

　　Article 33 Consumer organizations may not be engaged in commodity transactions or profit-making services， and may not recommend to the society commodities or services for the purpose of making profits.

　　Chapter VI Settlement of Disputes

　　Article 34 In case of disputes with business operators over consumer rights and interests， consumers may settle the disputes through the following approaches：

　　（1） to consult and conciliate with business operators；

　　（2） to request to consumer associations for mediation；

　　（3） to appeal to relevant administrative departments；

　　（4） to apply to arbitral organs for arbitration according to the arbitral agreements with business operators；

　　（5） to institute legal proceedings in the people's court.

　　Article 35 Consumers whose legitimate rights and interests are infringed upon in their purchasing or using commodities may demand compensation from the sellers concerned. In case the liability is on the manufacturers or other sellers who supply the commodities to the said sellers， the said sellers shall， after paying the compensations， have the right to recover the compensations from the manufacturers or the other sellers.

　　Consumers or other victims suffering personal injuries or property damage resulting from defects of commodities may demand compensations either from the sellers or from the manufacturers. If the liability is on the manufacturers， the sellers shall， after paying the compensations， have the right to recover the compensations from the manufacturers； if the liability is on the sellers， the manufacturers shall， after paying the compensations， have the right to recover the compensations from the sellers.

　　Consumers whose legitimate rights and interests are infringed upon in receiving services may demand compensations from suppliers of the services.

　　Article 36 Consumers whose legitimate rights and interests are infringed upon in purch using or using commodities or receiving services may， if the enterprises supplying the commodities or services have been split-up or merged， demand compensations from the enterprises succeeding to the rights and obligations of the original ones after the modifications.

　　Article 37 In case a business operator unlawfully uses another's business license to supply commodities or services and infringes upon th

e legitimate rights and interests of consumers， the consumers may demand compensations either from such business operator or from the holder of the business licence.

　　Article 38 Consumers whose legitimate rights and interests are infringed upon in purchasing commodities or receiving services at trade fairs or leased counters may demand compensations from the sellers or suppliers of the services. In case the fairs are over or the lease of counters expires， they may also demand compensations from organizers of the fairs or lessors of the counters. Organizers of the fairs and lessors of the counters shall， after paying the compensations， have the right to recover the compensations from the sellers or suppliers of the services.

　　Article 39 Consumers whose legitimate rights and interests are infringed upon on account of commodities or services supplied by business operators by means of false advertisement may demand compensations from the business operators. Consumers may demand the competent administrative departments to punish the advertising agents who make false advertisements. Advertising agents who cannot provide the real names and addresses of the business operators shall bear the responsibility for compensations.

　　Chapter VII Legal Responsibility

　　Article 40 Business operators shall， if the commodities and services they supply involve any of the following circumstances， bear civil liability in accordance with the provisions of the Law of the People's Republic of China on Product Quality and other relevant laws and regulations， except as otherwise provided in the present Law：

　　（1） there existing defects in the commodities；

　　（2） not possessing the properties for use they should possess and no declaration thereabout is made at the time of sale；

　　（3） not conforming to the standards indicated on the commodities or on the packaging thereof；

　　（4） not conforming to the quality indicated by the product description or by physical samples；

　　（5） producing commodities that have been formally declared by the State to be obsolete or selling commodities that are no longer effective or deteriorated；

　　（6） commodities sold being short of weight or quantity；

　　（7） contents and costs of services being not in conformity with the agreements；

　　（8） deliberately delaying or unreasonably refusing consumers' requests for repair， remanufacture， replacement， return of goods， makeup for the short commodity， return of payment for goods or services， or compensation for losses；

　　（9） other circumstances infringing upon consumer rights and interests as specified by laws and regulations.

　　Article 41 Business operators shall， if the commodities or services they supply have caused personal injuries to consumers or other victims， pay for the victims' medical expenses， nursing expenses during medical treatment， the reduced income for loss of working time and other expenses. And business operators shall， if the commodities or services they supply have disabled the consumers， also pay for the victims' expenses on self-help devices， living allowances， compensations for disability and the necessary living cost of the persons supported by the disabled. Business operators shall， if the case constitutes a crime， be investigated for criminal responsibility according to law.

　　Article 42 Business operators shall， if the commodities or services they supply have caused death of consumers or other victims， pay for the victims' funeral expenses， compensations for death and the necessary living cost of the per

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