The operators referred to in these measures, refers to the consumer to provide its production, sale of goods or provide services to the producers, sellers and service providers. Article 3 These Measures shall be organized and implemented by the people's governments at all levels.
Administrative departments of industry and commerce, price, health, technical supervision, commodity inspection and other administrative departments shall, in accordance with the law to do a good job of protecting the rights and interests of consumers, investigate and deal with violations of the legitimate rights and interests of consumers. To belong to the scope of responsibility of the consumer complaints, the relevant administrative departments must accept, shall not be shirking or delayed.
Consumer rights and interests of the people's governments at or above the county level is responsible for guiding, coordinating, supervising and inspecting the work of the relevant administrative departments and units for the protection of consumer rights and interests, and its office is located in the people's government at the same level of the industrial and commercial administrative departments. Article 4 The Consumer Association is a social organization established by law to protect the legitimate rights and interests of consumers through social supervision of goods and services, and performs its functions in accordance with the provisions of Article 32 of the Consumer Rights and Interests Protection Law.
The people's governments at all levels and the relevant administrative departments shall support the consumer associations to carry out social supervision, guarantee the normal performance of their functions and provide the necessary funds. Article 5 consumer associations can be related to the legitimate rights and interests of consumers, to the relevant administrative departments to inquire. If the inquiry is made in writing, it shall state the reason for the inquiry and the question to which it requests a reply.
The inquired unit shall be received in writing within 15 days from the date of inquiry to provide a written response.
The inquired unit refuses to accept the inquiry, the consumer association may report to the higher consumer association and the inquired unit's higher authorities, can also be publicly exposed and criticized. Article 6 The mass media shall do a good job of publicizing the protection of the lawful rights and interests of consumers, and supervise public opinion on behaviors that harm the lawful rights and interests of consumers. No unit or individual may interfere with or suppress truthful reports on the protection of the lawful rights and interests of consumers. Article 7 The people's court shall form a court for the protection of consumer rights and interests, to facilitate consumers to file lawsuits. Article 8 In addition to the operator shall fulfill the "Law on the Protection of Consumer Rights and Interests" and other relevant laws and regulations of the obligations, but also must comply with the following provisions:
(a) the provision of goods or services, must be in accordance with the state provisions of the marked price, due to clearance, seasonal, relocation and other reasons for commodities to cut the price of the treatment, the price should be true;
(b) the operation of need to be opened and debugged Commodities, should be opened and debugged on the spot;
(C) engaged in health and beauty, entertainment and other business services, should have the technical conditions to protect human health and personal safety, service equipment and supplies;
(D) engaged in repair, processing services should be a reasonable charge, on-schedule delivery and quality assurance, and shall not be stealing and replacing parts or raw materials;
(E) Consumers feel dissatisfied with the purchase of goods after payment for the return of the spot, the operator shall refund the full price, and shall not charge any fees;
(f) compliance with the principle of fairness and voluntariness, shall not be against the will of consumers to force the sale of forced services or force consumers to accept unfair conditions. Article IX consumers and operators of commodity quality and service quality issues in dispute, can be agreed by both parties or by the administrative department that accepts the complaint, the Consumer Association designated by the appraisal organization, the appraisal fee borne by the responsible party. Article 10 the occurrence of disputes over consumer rights and interests, consumers can hold the purchase vouchers or service documents, with the provision of goods or services to the operator to negotiate and solve the problem is not willing to solve the problem through negotiation or negotiation and settlement fails, you can ask for mediation of the Consumers Association of the operator's location, or according to the arbitration agreement reached between the two sides and arbitration institutions to apply for arbitration, but also can be directly to the relevant administrative departments or the people's court to file a lawsuit. Litigation. Article 11 If an operator provides goods or services and causes personal injury, disability or death to a consumer or other victim (hereinafter referred to as the victim) due to quality problems, the operator shall pay the expenses in accordance with the items stipulated in Articles 41 and 42 of the Law on the Protection of Consumers' Rights and Interests and the following standards:
(1) Medical expenses shall be calculated on the basis of the hospital's expenses necessary for the treatment of the victim.
(ii) Nursing care expenses during treatment, calculated on the basis of the expenses necessary to hire a local caregiver if the victim is unable to take care of himself/herself during hospitalization.
(c) Income reduced by loss of work shall be calculated according to the actual income reduced by the victim due to loss of work; if the actual income reduced is difficult to recognize, it shall be calculated on the basis of the average annual wage of the local workers.
(iv) The cost of living self-help appliances for the disabled is calculated according to the cost of universal appliances.
(v) The cost of living allowance for the disabled shall be calculated at 10 to 20 times the average annual cost of living in the local area according to the victim's disability grade.
(vi) Disability compensation, according to the victim's disability grade, calculated in accordance with the local average annual wage of 5 times to 10 times.
(vii) Funeral expenses, calculated in accordance with the basic service program charges of local funeral units.
(viii) Death compensation, calculated in accordance with 20 times the local average annual cost of living.
(ix) The living expenses of those who were raised by the deceased before his death shall be calculated according to the local average annual cost of living, and for those who are less than 16 years old, it shall be calculated according to raising them until they reach the age of 16; and for others who are incapable of labor, it shall be calculated according to raising them for 20 years.
Where laws and regulations provide otherwise in respect of the preceding paragraph, they shall apply. Expenses paid in accordance with the preceding paragraph shall be compensated in a lump sum.
The average annual salary of local employees under this Article refers to the average salary of employees in the region for the previous year as published by the statistical department of the local municipal or county people's government; the average annual cost of living of the local area under this Article refers to the amount of per capita consumption expenditure on living of urban residents' families or farmers' families as published by the statistical department of the people's government of the province for the previous year.