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国务院办公厅转发国家经贸委等部门关于深入开展打击生产和经销假冒伪劣商品违法行为意见的通知 CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE PROPOSALS SUBMITTED BY THE STATE ECONOMIC AND TRADE COMMISSION AND OTHER DEPARTMENTS ON CRACKING DOWN ON THE ILLEGAL ACTIVITIES OF PRODUCING AND SELLING FAKE AND LOW-QUALITY COMMODITIES

2006-05-15 23:34   我要纠错 | 打印 | 收藏 | | |

国办发(1996)10号
(March 28, 1996)
颁布日期:19960328  实施日期:19960328  颁布单位:国务院办公厅

  The Proposals on Cracking Down on the Illegal Activities of Producing and Selling Fake and Low-Quality Commodities, submitted by the State Economic and Trade Commission, the State Administration for Industry and Commerce and the State Bureau of Technological Supervision, have been approved by the State Council and are hereby transmitted to you. You are requested to implement it accordingly.

  Proposals on Cracking Down on the Illegal Activities of Producing and Selling Fake and Low-Quality Commodities

  Since 1992, various localities and relevant departments have seriously implemented laws and regulations on cracking down on the illegal activities of producing and selling fake and low-quality commodities, reinforced the action of cracking down on the illegal activities of producing and selling fake and low-quality commodities (hereinafter referred to as cracking down on fake and low-quality commodities), and obtained temporary results. The situation that fake and low-quality commodities emerge constantly despite repeated prohibition, however, has not been thoroughly rectified and the problem is even more serious in some localities, which has brought great harm to the interests of the state and the people and jeopardized the social stability. More resolute and effective measures, therefore, must be taken to crackdown on fake and low-quality commodities. The following proposals are hereby submitted for that purpose:

  1. The General Demand of the Work of Cracking Down on Fake and Low Quality Commodities in the Ninth Five-Year Plan Period

  The general demand of the work of cracking down on fake and low-quality commodities in the Ninth Five-Year Plan period: aiming at establishing a healthy and orderly market competitive mechanism and sound legislation system and thoroughly suppressing the illegal activities of producing and selling fake and low-quality commodities, taking laws and regulations as the basis, emphasizing cracking down on producing and selling fake and low quality medicines, food, farm-oriented industrial products and building materials, follow the division of responsibility, perform combined operations, strictly enforce the law, intercept the sources of fake and low quality commodities, rectify the market order, investigate and deal with major and important cases, reinforce the strength of the crackdown and promote the sustained, speedy and sound development of the national economy.

  2. Six Key Points Which Need to Pay Attention in the Work for 1996 and Current Period

  (1) Commercial Enterprises' Self-Inspection and Rectification

  All commercial enterprises, especially those with a sales volume up to 100 million yuan, shall, in accordance with relevant stipulations and standards, conduct a self-inspection and self-rectification upon all their commodities either in stock or on sale, with the emphasis on ferreting out commodities the indications of which fall short of the reality, which are inferior goods but passed off as good ones, or which are adulterated or of short weights. The offices of cracking down on fake and low-quality commodities in various localities shall, on the basis of enterprises' self inspections and rectification, organize a selective examination with a coverage not lower than 30% and the examination results published through news media. Commercial enterprises which are discovered, in the selective examinations, having sold fake or low-quality commodities with serious circumstances shall be dealt with strictly and given a heavier punishment, with the persons directly responsible and the persons in charge of the enterprises investigated for responsibility according to law.

  (2) Continuing the Rectification of Various Commodity Markets

  Devote major efforts to improving the market order, especially the markets with serious problems of selling fake and low-quality commodities shall be ordered to make rectification within a prescribed period. Markets failing to have an effective rectification shall be closed without exception, and the persons responsible shall be investigated for responsibility. The main contents of the rectification are: whether the market has been registered with the administrative department for industry and commerce; whether the commodities for sale have a certificate of conformity, license for the manufacture and name and address of the manufacturer; whether there is a department in charge of the market; whether the market has a supervisory and managerial organization or personnel; and other matters a locality considers necessary to straighten out. A supervision and control system shall be established and improved on the basis of rectification. Strengthen the supervision over regions joining town and country, commodity collecting and distributing centers and wholesale trading markets, and give a severe crackdown on nests of producing and selling fake and low-quality commodities.

  (3) Rectifying Key Areas Within a Specified Time

  Some areas of Guangdong, Zhejiang, Hebei and Henan provinces shall be treated as key areas for the rectification within a specified time. People's governments of the four provinces shall work out their plan for the rectification within a specified time, defining the task and responsibility, and effectively accomplish the work of cracking down on fake and low-quality commodities. Other local people's governments shall also, in accordance with their local circumstances about the illegal activities of producing and selling fake and low-quality commodities, determine the key areas for the rectification with a specified time. The national office for cracking down on fake and low-quality commodities shall organize a selective examination in the form of either public observation or private investigation.

  (4) Launching Special Crackdown on Seven Key Categories of Commodities

  a. Investigate and deal with fake and low-quality medicines (including traditional Chinese and western prepared medicines, traditional Chinese herbal medicines and traditional Chinese medicinal materials);

  b. Investigate and deal with fake and low-quality farm-oriented industrial products such as chemical fertilizers, pesticides and seeds;

  c. Crack down on the illegal activities of cotton adulteration;

  d. Investigate and deal with fake liquors, low-quality beverages, low quality salt and low-quality food;

  e. Investigate and deal with fake famous-brand cigarettes;

  f. Investigate and deal with fake and low-quality machinery and electrical appliances; and

  g. Investigate and deal with fake and low-quality building materials.

  (5) Continuing the Investigation and Prosecution of Major and Important Cases

  Take the investigation and prosecution of major and important cases as an important means for promoting the work of cracking down on fake and low quality commodities. In addition to about ten cases determined every year by the state to be dealt with as major and important ones, all provinces, autonomous regions, municipalities directly under the central government and areas with a grave situation of producing or selling fake or low-quality commodities shall also choose some major and important cases every year, stick to them, carry the investigation to the finish, and give a heavier and prompt punishment according to law.

  (6) Protecting According to Law the Legitimate Rights and Interests of Producers of Famous and Fine-Quality Products

  Severely punish enterprises, groups and persons who produce or sell fake famous and quality products, strengthen the protection of famous and quality products. All localities and relevant departments shall, through the clues provided by producers of famous and quality products, conduct investigation, select and submit a number of cases of fake famous and quality products to the national office for cracking down on fake and low-quality commodities for national focal investigation, make unified planning, perform regional cooperation, conduct the work separately and wage concentrated crackdown.

  3. Adopting Effective Measures and Striving for Substantial Results

  (1) Strengthening the Leadership and Defining the Responsibility

  People's governments at all levels shall strengthen the leadership over the work of cracking down on fake and low-quality commodities, practically assume the responsibility. For developing in depth the work of cracking down on fake and low-quality commodities, the knowledge and determination of leaders of local people's governments at various levels, especially at the county(city) and township(town) levels are very important. It is demand that a target responsibility system shall be established level by level for the work of cracking down on fake and low-quality commodities, and the target responsibility for the rectification within a specified time shall be fixed for the leaders of people's governments of key areas. In case of failure to attain the rectification targets, the leaders of the local people's government shall be investigated for responsibility. Leaders who obstruct the work of cracking down on fake and low-quality commodities, connive at, support or cover up illegal activities of producing or selling fake or low quality commodities shall be given disciplinary sanctions or investigated for criminal responsibility. People's governments of all localities shall give strong backing to and ensure the funds for the work of cracking down on fake and low-quality commodities.

  Competent authorities for all trades shall further strengthen the directions over the quality control of enterprises of their trade, help the enterprises establish and improve the quality guarantee system and self supervision and binding mechanism, investigate and rectify the illegal activities of producing and selling fake and low-quality commodities conducted by enterprises of their trade, cooperate with relevant departments and localities to eradicate the sources of the production and sale of fake and low-quality commodities. State commercial departments and supply and marketing cooperatives shall make strict checks in commodities' purchasing, inspection and receipt, entering storage and sales, prevent fake and low quality commodities from flowing into main channels.

  (2) Strictly Enforcing the Law and Augmenting the Strength of Work

  With a view to strengthening the work of cracking down on fake and Low quality commodities, strictly enforcing the law and rectifying the situation in some localities and departments that the available laws are not observed, the enforcement of laws is not strict and criminal offenders are given administrative fines instead of criminal punishment, from now on, relevant administrative law-enforcing departments shall, when having discovered and seized fake or low-quality commodities, promptly seal up the objects and places and tools used in committing the offenses and, in accordance with law, notify banks without delay to block all accounts of the offending unit or person and, if the circumstances are serious with violation of the criminal law, transfer the case to the judicial organ for handling according to law, and no administrative fine may be substituted for the prosecution of criminal responsibility.

  Where activities of producing or selling fake or low-quality commodities result in infringements on rights of other people, the in fringer shall compensate the party whose rights have been infringed for the losses; if personal or property damages are caused, the in fringer shall compensate the victim for the losses.

  Public servants, personnel of medical institutions, relevant personnel of state and collective enterprises and institutions and other persons engaging in official business who purchase fake or low-quality commodities and accept sales commissions or disguised sales commissions shall be strictly investigated and punished.

  (3) Cooperating on the Basis of Division of Work and Taking Combined Action in Cracking down on Fake and Low-Quality Commodities

  Further strengthen the organization and coordination of the work of cracking down on fake and low-quality commodities. Relevant departments and units shall do their respective duties and make a concerted effort for tackling problems in a comprehensive way. Relevant administrative law enforcing departments shall, in accordance with their functions entrusted by relevant laws and regulations, conduct administration according to law and cooperate with judicial organs in the work of cracking down on fake and low quality commodities for improving the whole efficiency of the work.

  Enterprises shall dare to and know how to use legal means to safeguard their own lawful rights and wage struggle against illegal activities. They may organize public and private investigations, provide law-enforcing departments with clues about producers and sellers of imitations of their products, and take concerted action in the work.

  Depend on the strength of public organizations and various intermediary organizations, give full play to the roles of those organizations. Fully arouse the masses and mobilize the whole society to participate in cracking down on fake and low-quality commodities.

  All localities shall establish a system for informing against fake and low-quality commodities, encourage the masses to provide clues and take strict precautions against retaliation upon the informers. Units and persons having made remarkable contributions in informing against fake and low quality commodities shall be rewarded.

  (4) Combining Elimination with Prevention and Taking both Stopgap and Radical Measures

  Try to seek an effective method for supervising and controlling the market and speed up the formulation of relevant laws and regulations for prohibiting the illegal activities of producing and selling fake and low quality commodities.

  Strengthen the examination and administration of and supervision over enterprises of various types. For current period, especially the individual businesses, private enterprises and township enterprises shall be put under strict supervision with regard to the quality of products. Enterprises which have not been registered shall be resolutely banned.

  Encourage producers of famous and quality products to adopt anti imitation technologies, and strengthen the supervision and control over the anti-imitation technologies and products.

  Any unit or individual who makes various false quality marks such as trademarks, authentication marks, high-quality marks, food labels and licenses for the manufacture, etc. shall be revoked of their business licenses and severely punished according to law.

  Administrative departments for industry and commerce shall strengthen the supervision and control over advertising activities, conduct strict examination on advertisement of medicines, food, medical apparatus and instruments, pesticides and veterinary medicines, etc. and strictly forbid pushing the sale of fake and low-quality commodities by making false advertisement.

  (5) Strengthening the Publicity and Giving Proper Directions

  Continue to give report and publicity to typical cases, give wide publicity to advanced experiences and enhance the whole nation's awareness of legality, quality, fair competition and self-protection. Those who are bold in boycotting fake and low-quality commodities and take active participation in the struggle against the illegal activities of producing and selling fake and low-quality commodities shall be widely cited.

  Further developing the work of cracking down on fake and low-quality commodities is an objective demand for maintaining the market order and keeping a proper relationship between the reform, development and stability, and is also of great importance to the effective protection of the people's immediate interests. There has been a high voice from the masses appealing for cracking down on fake and low-quality commodities, and people place high hopes thereon. All localities and departments shall, in the spirit of holding high responsibility to the state and the people, reinforce the work, take active cooperation and make joint efforts to effectively accomplish the work of cracking down on fake and low-quality commodities and bring about a sustained, speedy and sound development in the national economy.

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