深圳经济特区严厉打击生产、销售假冒伪劣商品违法行为条例（第三次修） Regulations of Shenzhen Special Economic Zone on severely Cracking

han 10,000 yuan but less than 50,000 yuan; For those who impart the measures of manufacturing or selling the counterfeit, fake or inferior commodities that are injurious to the human’s health and the safety of the persons or properties, the competent department shall impose a fine more than 50,000 yuan but less than 100,000 yuan.

　　Article 50 For those who hinder the administrative law enforcement personnel to perform the official business, the public security organization shall deal with them in accordance with Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration.

　　Article 51 For the functionaries of the State who have one of the following conditions, the unit where they work or the superior competent departments shall impose the administrative sanctions:

　　(1) making use of the functions and powers to cover up for the units or individuals who have illegal behaviors listed in these regulations;

　　(2) having the responsibilities of investigating but failing to perform the legal functions and powers to the units or individuals who have illegal behaviors listed in these regulations;

　　(3) abusing the powers and exploiting the public offices for private purposes to retaliate and frame the reporters who impeach or disclose the illegal behaviors listed in these regulations;

　　(4) making use of the functions and powers as well as the positions to interfere with and hinder the administrative law enforcement personnel to investigate and deal with the counterfeit, fake or inferior commodities by the measures of intercession and so on.

　　Article 52 If the persons violating the law have one of the following conditions, they shall be punished with severity:

　　(1) to manufacture or sell the counterfeit, fake or inferior commodities specially or provide conditions or services for manufacturing or selling the counterfeit, fake or inferior commodities specially;

　　(2) to manufacture or sell the counterfeit, fake or inferior commodities with a large amount;

　　(3) the counterfeit, fake or inferior commodities have caused personal injury or relatively big property loss to others;

　　(4) to manufacture or sell the counterfeit, fake or inferior commodities and repeat the offense after investigated and prosecuted by the competent departments;

　　(5) to retaliate

the parties who report the malfeasances of manufacturing or selling the counterfeit, fake or inferior commodities;

　　(6) to enforce others to purchase the counterfeit, fake or inferior commodities;

　　(7) the manufacturers and sellers arbitrarily unseal, transfer, destroy or sell the products sealed up for keeping;

　　(8) to interfere with or hinder the administrative law enforcement personnel to exercise the public functions;

　　(9) to refuse to provide or fail to provide true conditions about the origin, manufacturer, supplier, seller, depositary, transporter and other relevant parties of the counterfeit, fake or inferior commodities involving the investigated or dealt with case.

　　Article 53 If the parties violating the law have one of the following conditions, they may be imposed lesser punishments, mitigated the punishments or exempted from punishments:

　　(1) to provide true conditions about the origin, manufacturer, supplier, seller, depositary, transporter and other relevant parties of the counterfeit, fake or inferior commodities involving the investigated or prosecuted case;

　　(2) to impeach other malfeasances and demonstrate meritorious services;

　　(3) to positively take measures to effectively prevent the counterfeit, fake or inferior commodities from causing damages.

　　Article 54 If the persons violating the law refuse to provide or truly provide relevant materials, so that the competent departments fail to determine the total amount of the counterfeit, fake or inferior commodities, the total amount shall be determined as 10 times of the amount of the seized counterfeit, fake or inferior commodities.

　　Article 55 If the parties violate the provisions of these regulations and constitute crimes according to Criminal Law, they shall be removed to the judicial department and be prosecuted for the criminal responsibilities.

　　Article 56 If the parties violate the provisions of these regulations and cause damages to the persons or properties of others, they shall bear civil responsibilities according to laws and regulations except being prosecuted criminal or administrative responsibilities in accordance with the law.

　　Chapter Ⅷ Supplementary Provisions

　　Article 57 “More than” and “less than” referred to in these regulations include this number.

　　Article 58 “Total value of the counterfeit, fake or inferior commodities” referred to in these regulations is calculated according to the general retail prices of the non-fake or non-inferior commodities of the same kind.

　　The Shenzhen Municipal People’s Government may enact implementing rules according to these regulations.

　　Article 59 These regulations shall go into effect as of September 1, 1993

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