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

sons supported by the deceased during their lifetime. Business operators shall， if the case constitutes a crime， be investigated for criminal responsibility according to law.

　　Article 43 Business operators who violate the provisions of Article 25 of the present Law and violate the human dignity or personal freedom of consumers shall

stop the violations， restore consumers' reputation， delimitate the bad effects， make apologies， and make compensations therefor.

　　Article 44 Business operators shall， if the commodities or services they supply have caused damage to the properties of consumers， bear civil liabilities by repair， remanufacture， replacement， return of goods， make-up for the short commodity， return of payment for goods and services， or compensation for losses and so on as demanded by consumers. If consumers and business operators have otherwise agreed upon， such agreements shall be fulfilled.

　　Article 45 Business operators shall be responsible for repair， replacement or return of goods， if repair， replacement or return of goods is guaranteed by provisions of the State or agreed upon between business operators and consumers. Business operators shall be responsible for replacement or return of goods if the commodities still malfunction after being repaired twice within the term of guaranteed repair.

　　As to large-sized commodities guaranteed for repair， replacement or return， business operators shall bear the reasonable costs such as expenses for carriage if consumers demand repair， replacement or return.

　　Article 46 Business operators who supply commodities by mail-order shall provide their commodities according to the agreements. Business operators who fail to provide their commodities according to the agreements shall fulfil the agreements or return the consumers' payment for the commodities on the demand of the consumers， and bear the reasonable expenses that the consumers must bear.

　　Article 47 Business operators who supply commodities or services in the form of advance payment shall provide their commodities or services according to the agreements. Business operators who fail to provide their commodities or services according to the agreements shall fulfil the agreements or return the advance payment on the demand of the consumers， and shall also bear the interests of the advance payment and other necessary expenses that the consumers must bear.

　　Article 48 Business operators shall， on the demand of the consumers， be responsible for return of goods determined to be substandard commodities by administrative departments concerned according to law.

　　Article 49 Business operators engaged in fraudulent activities in supplying commodities or services shall， on the demand of the consumers， increase the compensations for victims' losses； the increased amount of the compensations shall be two times the costs that the consumers paid for the commodities purchased or services received.

　　Article 50 If business operators are under any of the following circumstances and the Law of the People's Republic of China on Product Quality and other laws and regulations have provided for punitive organs and forms therefor， the provisions of the laws or regulations shall be applied； in absence of such provisions in the laws or regulations， administrative departments for industry and commerce shall order them to make corrections， and may， in light of the circumstances， punish the offenders exclusively or concurrently the offenders with warning， confiscation of unlawful earings， or imposition of a fine no less than one time but not more than five times the value of the unlawful earnings； incase there involves no unlawful earnings， the offenders shall be punished with a fine of 10，000 Yuan or less， and if the circumstances are serious， they shall be ordered to suspend business for rectification， and their business licences shall be revoked：

　　（1） producing or selling commodities failing to meet the requirements for the protection of personal and property safety；

　　（2） mixing adulterations into their commodities， or passing fake commodities off as genuine ones， or passing defective commodities off as good ones， or passing substandard commodities off as standard ones；

　　（3） produci

ng commodities which have been formally declared by the State to be obsolete， or selling commodities no longer effective or deteriorated；

　　（4） forging the origin of commodities， forging or counterfeiting the names and addresses of other factories， and forging or counterfeiting the authentication marks or famous-and-excellent-product marks；

　　（5） selling commodities not inspected or quarantined against the requirement therefore， or forging the result of inspection or quarantine；

　　（6） making false or misleading propaganda about their commodities or services；

　　（7） deliberately delaying or unreasonably refusing consumers' demand for repair， remanufacture， replacement， return of goods， make-up for the short commodity， refundment of payment for goods or services， or compensations for losses；

　　（8） violating human dignity or personal freedom of consumers；

　　（9） other circumstances wherein punishment shall be given for infringement of consumer rights and interests as stipulated by laws or regulation.

　　Article 51 Any business operator who is not satisfied with the decision on punishment may apply to the organ at the next higher level for reconsideration within 15 days from the date of receipt of the decision； and he who is still not satisfied with the reconsideration decision may bring a lawsuit in the people's court within 15 days from the date of receipt of the reconsideration decision； or he may take legal proceedings directly in the people's court.

　　Article 52 Anyone who， by means of violence or threats， hinders functionaries of the administrative departments concerned from performing their duties according to law， shall be investigated for criminal responsibility according to law； and those who refuse or hinder functionaries of the administrative departments concerned from performing their duties according to law， without resorting to violence or threats， shall be punished by public security organs in accordance with the stipulations of the Regulations of the People's Republic of China on the Administrative Penalties for Public Security.

　　Article 53 Any functionary of the State organs， who neglects his duties or shields any business operator guilty of infringement of the legitimate rights and interests of consumers， shall be given administrative sanctions by the unit he belongs to， or by an organ at a higher level； if the circumstances are serious enough to constitute a crime， he shall be investigated for criminal responsibility according to law.

　　Chapter VIII Supplementary Provisions

　　Article 54 The present Law shall be applicable mutatis mutandis to peasants' purchase or application of means of production used directly in agricultural production.

　　Article 55 The present Law shall enter into force as of January 1， 1994

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