深圳经济特区实施《中华人民共和国消费者权益保护法》办法（修正） Measures of Shenzhen Special Economic Zone on Implementing the Law o

e, it will be calculated based on the standard of annual average living expense of the resident in this city;

　　(4) the expense for the tools of self-supporting living of the disabled, which is calculated according to the expense needed for the victim to purchase the popular appliances;

　　(5) the livi

ng allowance of the disabled, which is more than 10 times but less than 20 times of the annual average living expense of the resident in this city, calculated according to the victim’s degree of disability;

　　(6) the compensation money for disablement, which is more than 5 times but less than 10 times of the annual average living expense of the resident in this city, calculated according to the victim’s degree of disability;

　　(7) the funeral expense, which is calculated according to the charging criterion of the basic service items that the funeral unit charges;

　　(8) the compensation money for death, which is 20 times of the annual average living expense of the resident in this city;

　　(9) the necessary living expense of the person who is maintained by the disabled or the dead during the lifetime, which is calculated according to the annual average living expense of the resident in this city. For the maintained person under 18 years old, the living expense shall be paid until he reaches the age of 18; For other persons without the ability to work, the living expenses shall be paid until they have bee maintained for 20 years.

　　Each expenses stipulated in the proceeding paragraph shall be paid one time. If the laws and regulations have separate provisions, these provisions shall be observed.

　　The annual average living expense of the resident in this city stipulated in these measures means the expense of personal consumption per person in the family of city and town inhabitant last year, which is proclaimed by the municipal statistic department.

　　Article 36 If the operators violate the provisions of Article 9 of these measures and damage the rights and interests of consumers, the administrative department of industry and commerce or relevant administrative departments of the municipal government shall order them to rectify and impose the punishment of warning, confiscate the illegal gains, impose a fine more than one time but less than 5 times of the illegal gains; If there is no illegal gains, the operators shall be imposed a fine less than 10,000 yuan. The punishments above may be imposed separately or jointly.

　　Article 37 If the operators violate the provisions of Articles 10,11,12,13 and 16 of these measures and have one of the following behaviors to the reasonable requirements filed by the consumers, the administrative department of industry and commerce of the municipal government shall order them to rectify, fulfill the requirements within the prescribed period and may impose a fine less than 10,000 yuan according to the circumstances; If the circumstances are serious, the administrative department of industry and commerce of the municipal government shall order them to stop business for rectification:

　　(1) failing to answer within 5 days from the date on receiving the requirements of performing the duties filed by the consumers or the petition or complaint requiring to settle the disputes filed by the consumers’ committees;

　　(2) failing to performing the duties that they shall perform within 3 days from the date on agreeing to perform or within the period agreed by the consumers;

　　(3) failing to fulfill the reconciliation agreements agreed with the consumers;

　　(4) failing to fulfill the mediation or settlement decisions made by the consumers’ committees, and also not filing lawsuits.

　　Article 38 If the operators violate the provisions of Article 21 of these measures, the administrative department for real estate of the municipal government shall order them to rectify, and may impose punishments according to the provisions of laws and regulations of the State or Special Zone relevant to the real estate.

　　Article 39 If the parties are not satisfied with the administrative punishments made by relevant administrative departments, they may file for reconsideration in written to the superior administrative

departments of the administrative departments making the punishment decisions or the organization for administration review of the municipal government within 15 days from receipt of the notices of the punishment decision, or file a lawsuit directly to the people’ court within 15 days from receipt of the notices of the punishment decision.

　　If the parties fail to apply for reconsideration or file lawsuits delinquently, and also fail to enforce the punishment decisions, the administrative department making the punishment decisions shall apply for coercive enforcement to the people’s courts.

　　Article 40 If the administrative departments violate the provisions of Article 27 of these measures, prevaricating and dismissing the cases of the consumers’ complaints that are within the scope of their duties or constantly postponing with no decisive results, the same-level government or the superior administrative departments shall order them to accept and settle the cases within the time limit. For the people directly responsible or the persons mainly in charge, the units where they are or the superior administrative departments shall give administrative sanctions.

　　Article 41 In case the operators violate the provisions of relevant laws, regulations and these measures to infringe on the rights and interests of consumers, if the circumstances constitute crimes, they shall be prosecuted the criminal responsibilities by the judicial department according to law.

　　Article 42 If the operators obstruct the law enforcement personnel and the working staff of the consumers’ committees to perform the duties according to law with the means of threatening, beating or restricting freedom of the person, the public security organization shall impose punishments according to the provisions of the Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration; If the circumstances constitute crimes, they shall be prosecuted criminal responsibilities by the judicial department according to law.

　　Article 43 When the working staff of the administrative departments and the consumers’ committees settles the disputes on consumption, they shall be objective and impartial, and abide by the professional ethics. If they abuse the powers, neglect the duties, conduct irregularities for favoritism, they shall be given administrative sanctions according to the circumstances; If the circumstances constitute crimes, they shall be prosecuted criminal responsibilities by the judicial department according to law.

　　Chapter Ⅵ Supplementary Provisions

　　Article 44 The municipal government may enact concrete rules relevant to the protection of the consumers’ rights and interests according to these measures.

　　Article 45 These measures shall go into effect as of the date on publication

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