Regulations of Shaanxi Consumers Association on the Protection of Consumers' Rights and Interests

The Regulations on the Protection of Consumers' Rights and Interests in Shaanxi Province was adopted at the sixth meeting of the Standing Committee of the Ninth People's Congress of Shaanxi Province on June 5438+0998+February 18, 2008, and is hereby promulgated for implementation. Article 1 In order to protect the legitimate rights and interests of consumers and maintain the market economic order, these Regulations are formulated in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and relevant laws and regulations, combined with the actual situation of this province.

Article 2 Within the administrative region of this province, the legitimate rights and interests of consumers who need to buy or use commodities or receive services for their daily consumption are protected by these regulations. Business operators shall abide by these regulations when providing consumers with goods or services they produce and sell.

Article 3 When conducting transactions with consumers, business operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility.

Article 4 The people's governments at or above the county level shall establish an office meeting system for the protection of consumers' rights and interests, which shall be attended by administrative departments of industry and commerce, price control and technical supervision, and be responsible for organizing, coordinating and urging relevant departments to perform their duties of protecting consumers' legitimate rights and interests.

Article 5 The people's governments at all levels shall be responsible for organizing the implementation of these Regulations. The administrative departments for industry and commerce at all levels shall strengthen the management and supervision of operators according to law and protect the legitimate rights and interests of consumers; Other administrative departments shall, in accordance with relevant laws and regulations, perform their duties of protecting the legitimate rights and interests of consumers within their respective scope of duties. With the support of people's governments at all levels, consumer associations shall perform the functions of protecting consumers' legitimate rights and interests according to law. The organization and establishment of consumer associations are solved by people's governments at all levels.

Article 6 It is the common responsibility of the whole society to protect the legitimate rights and interests of consumers. Industry organizations should guide the operators in this industry to safeguard the legitimate rights and interests of consumers according to law. The mass media should do a good job in propaganda to safeguard the legitimate rights and interests of consumers, and conduct public opinion supervision over acts that harm the legitimate rights and interests of consumers. Any organization or individual has the right to report, accuse and complain about acts that harm the legitimate rights and interests of consumers. Article 7 Consumers shall enjoy the following rights:

(a) to understand the real situation of purchasing goods or receiving services;

(2) to choose commodities or services independently;

(three) to buy goods or receive services and enjoy the guarantee of quality, price, hygiene and measurement;

(4) When purchasing or using commodities or receiving services, personal and property safety shall not be harmed;

(five) the goods that do not meet the quality standards have the right to request repair, replacement and return within the statutory or agreed time limit; Have the right to request improvement, rework or refund for unqualified services;

(six) the right to complain, appeal, sue and claim compensation for damage caused by the purchase and use of goods or services;

(seven) in the purchase and use of goods or services, have the right to require business operators to provide loan vouchers, service documents, necessary technical guidance and after-sales service;

(eight) other rights stipulated by relevant laws and regulations.

Article 8 Consumers who purchase goods or receive services and cause personal or property damage due to improper use or their own reasons shall bear the responsibility; A complaint, appeal or prosecution shall be made according to the facts and in accordance with the law.

Article 9 An operator shall undertake the following obligations:

(a) the real situation of providing goods or services;

(two) the provision of goods or services must obtain the consent of consumers, and may not be forced to sell or provide services;

(3) The commodities or services provided must conform to the relevant state regulations on quality, price, hygiene and measurement;

(four) the goods or services provided must meet the requirements of ensuring the safety of people and property;

(five) repair, replacement, return or improvement, redo or refund in accordance with the law or in accordance with the agreement;

(six) other obligations stipulated by relevant laws and regulations.

Article 10 Business operators shall not insult or slander consumers, search their bodies and articles, or infringe upon their personal freedom. Eleventh operators should accept the supervision and inspection of the goods or services provided by the industry and commerce and the relevant administrative departments according to law.

Article 12 When providing goods or services to consumers, business operators must clearly mark the price, issue purchase vouchers or service documents, and may not refuse consumers' requests for returning goods on the spot.

Thirteenth operators engaged in contract processing, when providing goods or services to consumers, must indicate the name, quantity, specification, style, quality, delivery date and cost of the materials on the vouchers.

Article 14 Those who lease the counters of other operators to engage in business activities shall operate according to law with the business license of the lessee, and their real names and logos shall be marked in a prominent position. The operator of the rental counter shall indicate the location and scope of the rental counter in a prominent position.

Fifteenth operators engaged in services, should clearly indicate the service items and service prices, provide services in accordance with the provisions or agreements, and ensure the quality of services and the personal and property safety of consumers.

Article 16 Public enterprises or other operators with monopoly status according to law shall ensure the quality of the goods and services they provide, strictly implement the state price regulations, and shall not restrict consumers from buying or accepting goods or services from other designated operators, and shall not increase charging items or raise charging standards without authorization.

Article 17 Operators engaged in the sale and lease of commercial housing shall, in accordance with the provisions of laws and regulations, not deliver commercial housing that has not been completed and accepted or does not meet the conditions agreed in the sales and lease contract, and implement a quality assurance system for commercial housing sold and leased in accordance with state regulations. Property management organizations shall strictly implement the relevant laws and regulations or the service items, quality and charging standards agreed in the contract.

Article 18 The administrative department for industry and commerce has the right to revoke the provisions of trade organizations that harm the legitimate rights and interests of consumers.

Article 19 An operator shall not commit any of the following fraudulent acts when providing commodities or services:

(a) sales of adulterated, fake and shoddy goods;

(two) the use of false or other improper means, so that the number of goods sold is insufficient;

(3) The goods sold are ambiguous such as "off-grade", "defective products" and "unqualified products";

(4) Selling commodities at fraudulent prices;

(5) Selling commodities with false commodity descriptions, commodity standards or physical samples;

(six) do not sell goods with real names and signs;

(seven) deceptive sales induction by employing others. ;

(eight) false on-site demonstration and explanation;

(nine) the use of mass media to make false propaganda of goods or services;

(10) defrauding consumers of advance payment;

(eleven) the use of mail order sales to defraud the price and not to provide or not to provide goods in accordance with the agreed conditions;

(twelve) selling goods in the form of false "prize sales";

(13) selling commodities by forging the inspection and quarantine results of commodities;

(14) defrauding consumers by other means.

Article 20 A business operator who provides commodities to consumers in any of the following circumstances and cannot prove that he does not deceive or mislead consumers shall bear the legal responsibility for deceiving consumers:

(a) the sale of invalid or deteriorated goods;

(two) the sale of goods that infringe upon the registered trademark rights of others;

(3) selling goods with forged origin, forged or falsely used the name of another enterprise;

(four) the sale of counterfeit or fraudulent use of other people's unique names, packaging and decoration of goods;

(five) the sale of counterfeit or fraudulent use of certification marks, brand-name marks and other quality marks of goods.

Article 21 The administrative department for industry and commerce may seal up and detain fake and inferior commodities according to law when dealing with incidents that infringe upon the legitimate rights and interests of consumers. Article 22 A consumer association is a social organization established according to law to supervise goods and services and protect the legitimate rights and interests of consumers.

Twenty-third administrative regions at or above the county level shall establish consumer associations. Consumers' associations can set up branches in townships, towns, streets and commodity trading markets.

Twenty-fourth sources of funds for consumer associations are:

Government funding;

(2) Mediation fees;

(3) membership fee income;

(4) Accepting social sponsorship.

Twenty-fifth consumer associations shall perform the following duties in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests:

(1) To publicize the laws, regulations and policies for protecting consumers' rights and interests;

(2) Popularizing and training consumer knowledge;

(three) to accept consumer complaints, investigate and mediate the complaints according to law or send them to the relevant administrative departments for handling according to law;

(four) through the mass media to publish consumer complaints and the results of the investigation, comparison and evaluation of the quality of goods or services;

(five) can be entrusted to represent the unspecified majority of consumers to bring a lawsuit against acts that harm the legitimate rights and interests of consumers;

(6) Other functions prescribed by law. Twenty-sixth consumer disputes with business operators, can be resolved through the following channels:

(a) through consultation, request the consumer association to mediate or appeal to the relevant administrative departments;

(two) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration or bring a lawsuit directly to the people's court.

Twenty-seventh consumers who want to resolve disputes over consumers' rights and interests should provide physical objects and hold real purchase vouchers, service vouchers or other relevant evidence.

Article 28 Where there is a dispute over the quality of goods or services, the department or organization that accepts the complaint shall entrust a statutory testing institution to conduct testing, or the testing institution may be agreed upon by both parties to the dispute. The inspection agency shall issue a written inspection conclusion, and the inspection fee shall be borne by the responsible party.

Article 29 If a consumer complains to a consumer association about a dispute over consumer rights and interests, the consumer association shall make a decision on whether to accept or not within three days after receiving the complaint. After accepting the complaint, the consumer association shall end the mediation within 30 days, and the major and complicated matters shall end the mediation within 60 days. If mediation is established, both parties shall perform it in accordance with the mediation agreement; If mediation fails, the parties concerned shall be informed in time to solve the problem through other channels.

Thirtieth consumers complain to the relevant administrative departments, the administrative departments shall make a decision whether to accept or not within five days from the date of accepting the complaint. After accepting the appeal case, the administrative department shall handle it according to law within 60 days.

Article 31 When a consumer's legitimate rights and interests are harmed, he shall complain to the consumer association or the relevant administrative department within one year from the date when he knows or should know that his rights and interests are harmed, unless it is otherwise stipulated by laws and regulations.

Article 32 If the goods or services insured by an operator in an insurance company cause damage to consumers, the operator shall directly compensate for the losses.

Article 33 If consumers buy commodities or receive services in commodity trading markets or fairs and their legitimate rights and interests are damaged, they may claim compensation from sellers or service providers. Operators of commodity trading markets may demand compensation from the market and the organizers of the fair if they close down or the fair ends. After compensation, the organizers of commodity trading markets and fairs have the right to recover from the sellers or service providers. Where an enterprise that harms the legitimate rights and interests of consumers is divided, merged or changed, the enterprise that undertakes its rights and obligations shall be liable for compensation.

Article 34 When consumers return goods due to unqualified quality and the price drops, business operators shall refund the purchase price at the original price; When the price rises, the payment will be refunded at the new price. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties.

Thirty-fifth provide goods without factory name, address, place of origin, certificate, causing losses to consumers, it shall compensate for the losses. Thirty-sixth operators provide unqualified goods within the warranty period, and bear the responsibility of repair, replacement and return, and shall not charge any fees, and bear the transportation or mailing expenses of the goods; Those who deliberately delay or refuse without reason shall compensate for the losses caused thereby.

Thirty-seventh operators to provide services that do not meet the statutory or agreed requirements, should bear the responsibility of improvement, rework or refund, improvement, rework shall not charge any fees; If it delays or refuses without reason, it shall compensate for the losses caused thereby.

Article 38 Where a commodity or service does not meet the statutory or agreed quality requirements, consumers have the right to demand repair, replacement, return, rework, improvement or refund within the following time limit:

(a) the laws and regulations have a prescribed time limit, in accordance with its provisions;

(2) If the time limit is not stipulated by laws and regulations, the business operator may agree with the consumer, and the business operator may agree with the consumer by means of format contract, store notice, etc. , the period shall not be less than three months;

(3) If the time limit is not stipulated by laws and regulations and the time limit is not agreed between the operator and the consumer, it is six months.

Article 39 Business operators who provide commodities or services and cause personal and property losses to consumers shall bear civil liability for compensation. If a business operator causes losses to consumers due to fraudulent acts, it shall increase the compensation for the losses suffered by consumers according to their requirements, and the amount of compensation shall be twice the price of goods purchased by consumers or the cost of receiving services.

Article 40 Where an operator violates the provisions of Article 10 of these regulations and infringes on the personal dignity or personal freedom of consumers, he shall stop the infringement, eliminate the influence, apologize and compensate for the losses.

Article 41 Whoever, in violation of the provisions of Article 11 of these regulations, refuses or hinders the supervision and inspection by the industrial and commercial and relevant administrative departments shall be given a warning and fined not more than 3,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license; Violation of the provisions on administrative penalties for public security shall be punished by the public security department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-second in violation of the provisions of article fourteenth of this Ordinance, shall be given a warning and impose a fine of not more than three thousand yuan. If the counter lessee causes damage to consumers in business, it shall compensate consumers. After the counter lease expires, consumers can also claim compensation from the lessor who refuses to set up the counter. After compensation, the counter lessor has the right to recover from the counter lessee.

Forty-third operators who violate the provisions of Article 13 and Article 15 of these regulations shall be given a warning and fined 1000 yuan.

Forty-fourth operators in violation of the provisions of article nineteenth and article twentieth of this Ordinance, shall be ordered to stop the illegal act, and impose a warning and a fine of not more than ten thousand yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license; If there are illegal gains, the illegal gains shall be confiscated.

Forty-fifth operators in the provision of goods or services against the wishes of consumers, forced services, forced sales, a warning, a fine of 2000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Forty-sixth operators in violation of the provisions of article thirty-fifth, given a warning, confiscation of "three noes" goods, a fine of three thousand yuan; If there are illegal gains, the illegal gains shall be confiscated.

Forty-seventh operators to provide goods or services, resulting in personal injury, disability or death of consumers or other victims, should be in accordance with the

Payment for the items specified in Articles 41 and 42 of People's Republic of China (PRC) Consumer Protection Law and the following standards:

(1) Medical expenses: calculated according to the expenses necessary for the hospital to treat the victims;

(2) Nursing expenses: the expenses of employing nursing staff when the victim cannot take care of himself during hospitalization (calculated by employing one person);

(3) Lost time: calculated according to the actual income of the victim due to lost time;

(4) One-time living allowance and disability compensation: according to the disability level of the victim, they are calculated at 10 to 20 times and 5 to 15 times of the local average annual living expenses respectively;

(5) Funeral expenses: calculated according to the standard of basic service items of funeral units in that year; Death compensation: calculated according to 20 times of the local average annual living expenses;

(6) Necessary living expenses of disabled persons who have lost the ability to work or the dependents of the deceased before their death: calculated according to the local average annual living expenses, and the dependents under the age of 18 are calculated according to the age of 18; Dependents who are unable to work shall be supported for five to twenty years. The expenses specified in the preceding paragraph shall be paid in one lump sum, and if there are other provisions in laws and regulations, those provisions shall prevail.

The "local" mentioned in this article refers to the county (city, district) where the victim is located, and the "average annual living expenses" refers to the county (district) where the victim is located.

Statistics released by the government last year.

Forty-eighth operators in the provision of goods or services, infringe upon the legitimate rights and interests of consumers, in violation of public security regulations, by the public security department in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security" will be punished; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 49 Administrative punishment imposed by administrative organs in accordance with these regulations must be in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China. When handling cases that damage consumers' rights and interests, the administrative department shall implement the principle of compensation first and punishment later; The same illegal act shall not be punished repeatedly.

Fiftieth other laws and regulations have provisions on penalties for illegal acts of business operators infringing on the legitimate rights and interests of consumers, and those provisions shall prevail; If there are no provisions in other laws and regulations, it shall be punished in accordance with these regulations. For the administrative punishment made by the administrative department to suspend business for rectification or revoke the business license, the punished person has the right to request a hearing.

Fifty-first operators who refuse to accept the punishment decision may apply for reconsideration or bring a lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform within the time limit, the organ that has made the decision on administrative punishment may apply to the people's court for compulsory execution.

Fifty-second relevant administrative departments refuse to accept consumer complaints according to law without justifiable reasons or delay the handling after acceptance, and the superior administrative department shall order them to perform their duties; If the circumstances are serious, they shall be given administrative sanctions by their units or higher administrative departments; If losses are caused, it shall be liable for compensation according to law.

Article 53 Any functionary of a state organ who neglects his duty, engages in malpractices for selfish ends or shields an operator from infringing upon the legitimate rights and interests of consumers shall be given administrative sanctions by his unit or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifty-fourth specific application problems in the implementation of these Regulations shall be interpreted by the provincial people's government.

Article 55 The purchase and use of means of production directly used for agricultural production by farmers shall be implemented with reference to these Regulations.

Article 56 These Regulations shall come into force as of the date of promulgation. Shaanxi Provincial People's Congress Standing Committee1991September 27th issued "Shaanxi Provincial Insurance"

The Regulations on Protecting the Legal Rights and Interests of Consumers shall be abolished at the same time.