Legal analysis
Engaging in the sale of non-compliant products, first of all, may cause danger, if the corresponding harm, may need to bear the responsibility of tort. According to the requirements of the Civil Code's Tort Section, appropriate compensation may be required - a wide range of categories, including compensation for medical expenses and other expenses for treatment, as well as lost wages. Compensation should also be paid for the cost of assistive devices and disability compensation in the case of disability due to poor quality toys, and funeral expenses and death compensation in the case of death due to the explosion of a hydrogen balloon. Serious also may be held criminally liable for intentional injury or negligent injury.
But the act of buying and selling itself, if it does not cause any harmful consequences, only constitutes a violation of administrative regulations and consumer protection laws, does not meet the conditions for criminal prosecution, will not be prosecuted for a crime.
Individual special cases, such as hydrogen balloons causing explosions at gas stations or train stations, may violate Article 115 of the Criminal Law of the People's Republic of China, and will be prosecuted as a crime.
In summary, it is not recommended to continue selling hydrogen balloons.
Legal basis
The Chinese People's *** and National Code Article 1,179 infringement of another person caused personal injury, shall be compensated for the medical expenses, nursing care, transportation costs, nutrition, hospital food subsidies, and other reasonable expenses for treatment and rehabilitation, as well as the reduction of income due to lost work. Where disability is caused, compensation shall also be made for the cost of auxiliary aids and disability compensation; where death is caused, compensation shall also be made for funeral expenses and death compensation.
Article 55 of the Law of the People's Republic of China on the Protection of Minors: The production and sale of food, medicines, toys, appliances and amusement game equipment and amusement rides for use by minors shall be in conformity with national or industrial standards, and shall not jeopardize the personal safety and physical and mental health of minors. The producers of the above products shall be prominently marked precautions, not marked precautions shall not be sold.
The Criminal Law of the People's Republic of China, Article 115: Anyone who commits arson, drowning, explosion, or releases poisonous, radioactive, or infectious disease pathogens, or causes serious bodily injury or death, or suffers major damage to public or private property by other dangerous means, shall be sentenced to not less than ten years' fixed-term imprisonment, life imprisonment, or the death penalty. If a person commits the preceding paragraph by negligence, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 225 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than double and not more than five times the unlawful income, or a fine of not less than twice and not more than five times the unlawful income; and if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of not less than five years and a fine of not less than double and not more than five times the unlawful income or the confiscation of property. Confiscation of property: (a) unauthorized operation of laws and administrative regulations provide for the monopoly, monopoly goods or other restrictions on the sale and purchase of goods