1. The regulatory authorities in Pinduoduo are the industrial and commercial and market regulatory authorities.
2. The platform supervision in Pinduoduo is mainly supervised by the Market Supervision Bureau. According to the "Electronic Commerce Law", all providers involved in the platform or online trading platform are responsible for the market supervision department of the place where the parent company of the platform is registered. The General Administration of Market Supervision attaches great importance to it, and has asked Taobao, Pinduoduo and other platform enterprises to perform the main responsibilities of the platform in accordance with the law, and immediately dispose of the online stores that sell false inspection reports on the platform.
The State Administration of Market Supervision is a directly affiliated institution of the State Council, with ministerial status. Maintain the brands of the National Certification and Accreditation Administration and the National Standardization Administration.
major duty
The State Administration of Market Supervision implements the principles, policies and decision-making arrangements of the CPC Central Committee on market supervision and management, and upholds and strengthens the Party's centralized and unified leadership over market supervision and management in the process of performing its duties. The main responsibilities are:
(a) responsible for the comprehensive supervision and management of the market. Draft relevant laws and regulations on market supervision and management, formulate relevant rules, policies and standards, organize the implementation of the strategy of strengthening the country by quality, food safety and standardization, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create a fair competition, honest and trustworthy market environment.
(two) responsible for the unified registration of market entities. Guide all kinds of enterprises, farmers' professional cooperatives, units engaged in business activities, individual industrial and commercial households and resident representative offices of foreign (regional) enterprises and other market entities to register. Establish information disclosure and * * * sharing mechanism for market participants, publicize and * * * share relevant information according to law, strengthen credit supervision, and promote the construction of credit system for market participants.
(three) responsible for organizing and guiding the comprehensive law enforcement of market supervision. Guide the integrated construction of comprehensive law enforcement teams for local market supervision and promote the implementation of unified market supervision. Organize to investigate and deal with major illegal cases. Standardize the administrative law enforcement behavior of market supervision.
(four) responsible for the unified anti-monopoly law enforcement. Promote the implementation of competition policy as a whole and guide the implementation of fair competition review system. Conduct anti-monopoly review on the concentration behavior of operators according to law, and be responsible for anti-monopoly law enforcement such as monopoly agreement, abuse of market dominant position, abuse of administrative power to exclude and restrict competition. Guide enterprises to deal with foreign antitrust lawsuits. Undertake the daily work of the State Council Anti-monopoly Committee.
(five) responsible for the supervision and management of market order. Supervise and manage market transactions, online commodity transactions and related services according to law. Organize and guide the investigation and punishment of illegal price charging, unfair competition, illegal direct selling, pyramid selling, infringement of trademark and patent intellectual property rights, manufacturing and selling counterfeit and shoddy acts. Guide the development of advertising industry and supervise and manage advertising activities. To guide and investigate unlicensed production and operation and related unlicensed production and operation behaviors. Guide China Consumers Association to carry out consumer rights protection work.
(six) responsible for macro quality management. Formulate and implement institutional measures for quality development. Coordinate the construction and application of national quality infrastructure, organize and implement the quality supervision system of major engineering equipment in conjunction with relevant departments, organize the investigation of major quality accidents, establish and uniformly implement the recall system of defective products, and supervise and manage the anti-counterfeiting work of products.
(seven) responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot check. Establish and organize the implementation of quality grading system and quality and safety traceability system. Guide the management of industrial product production license. Responsible for fiber quality supervision.
(eight) responsible for the safety supervision and management of special equipment. Comprehensive management of special equipment safety supervision, supervision and inspection of the implementation of energy-saving standards for high-energy special equipment and boiler environmental protection standards.
(nine) responsible for the comprehensive coordination of food safety supervision and management. Organize the formulation of major food safety policies and organize their implementation. Responsible for the construction of food safety emergency system, organize and guide the emergency response work, and investigate and handle major food safety incidents. Establish and improve the direct reporting system of important food safety information. To undertake the daily work of the Food Safety Committee of the State Council.
(ten) responsible for food safety supervision and management. Establish a supervision and inspection system and a hidden danger investigation and management mechanism covering the whole process of food production, circulation and consumption, and organize their implementation to prevent regional and systematic food safety risks. Promote the establishment of the main responsibility mechanism for food producers and operators, and improve the food safety traceability system. Organize food safety supervision and sampling inspection, risk monitoring, verification and disposal, risk early warning and risk exchange. Organize and implement the registration, filing, supervision and management of special foods.
(eleven) responsible for the unified management of measurement work. The implementation of legal units of measurement and national measurement system, management of measuring instruments and value transfer and comparison. Standardize and supervise commodity quantity and market measurement behavior.
(twelve) responsible for unified management and standardization. To undertake the formulation, numbering, external notification and authorized release of mandatory national standards according to law. Formulate recommended national standards. Coordinate, guide and supervise the formulation of industry standards, local standards and group standards according to law. Organize international standardization cooperation and participate in the formulation and adoption of international standards.
(thirteen) responsible for the unified management of inspection and testing work. Promote the reform of inspection and testing institutions, standardize the inspection and testing market, improve the inspection and testing system, and guide and coordinate the development of inspection and testing industry.
(fourteen) responsible for the unified management, supervision and comprehensive coordination of the national certification and accreditation work. Establish and organize the implementation of a unified national certification and accreditation and conformity assessment supervision and management system.
(fifteen) responsible for the market supervision and management of science and technology and information construction, news propaganda, international exchanges and cooperation. Undertake work related to technical trade measures as required.
(sixteen) to manage the State Administration of Pharmaceutical Products and China National Intellectual Property Administration.
(seventeen) to complete other tasks assigned by the CPC Central Committee and the State Council.
(18) functional transformation.
1. Vigorously promote quality improvement. Strengthen total quality management and the construction of national quality basic system, improve the quality incentive system and promote brand building. We will speed up the establishment of a mandatory reporting system for product quality and safety accidents of enterprises and a compensation system for operators who ask first, innovate third-party quality evaluation, strengthen the main responsibility of producers and operators, and popularize advanced quality management methods. We will fully implement the system of self-declaration and supervision of enterprise product and service standards, foster the development of technologically advanced group standards, raise the overall level of domestic standards against international standards, and promote the construction of a quality power through standardization.
2. Further promote decentralization. Deepen the reform of the commercial system, reform the system of enterprise name approval and market subject withdrawal, deepen the reform of "separation of licenses", promote the "reduction of licenses after licenses" and shorten the start-up time of enterprises. Accelerate the marketization and socialization reform of inspection and testing institutions. Further reduce activities such as standard assessment, commendation and awards, demonstration and creation, reduce administrative examination and approval items, greatly reduce the production license of industrial products, and promote the optimization of business environment.
3. Strictly observe the safety bottom line. In accordance with the requirements of "the strictest standards, the strictest supervision, the most severe punishment and the most serious accountability", we will strengthen the supervision of food safety, the quality and safety of industrial products and the safety of special equipment in accordance with the law, strengthen on-site inspections, severely punish violations of laws and regulations, effectively prevent systemic risks, and let the people buy, use and eat with confidence.
4. Strengthen post-event supervision. We will speed up the cleanup and abolition of various regulations and practices that hinder the unified national market and fair competition, and strengthen the unified law enforcement against monopoly and unfair competition. Strengthen standard supervision, strengthen risk management, comprehensively implement "double randomness, one openness" and "Internet plus supervision", accelerate the sharing of regulatory information, and build a new market supervision system with information publicity as the means and credit supervision as the core.
5. Improve the service level. Accelerate the integration of consumer complaints, quality supervision and reporting, food and drug complaints, intellectual property complaints and price reporting lines. Promote the convenience of the whole process from market entry to exit, actively serve the development of new technologies, new industries, new formats and new models, use big data to strengthen services to market players, actively serve individual industrial and commercial households, private enterprises and the masses, and promote mass entrepreneurship and innovation.
(XIX) Division of responsibilities.
1. Division of responsibilities with the Ministry of Public Security. The State Administration of Market Supervision and the Ministry of Public Security have established a linkage mechanism between administrative law enforcement and criminal justice. If the market supervision and management department finds that an illegal act is suspected of committing a crime, it shall promptly transfer it to the public security organ in accordance with the relevant provisions, and the public security organ shall promptly review it and make a decision on whether to file a case according to law. If the public security organ requests the market supervision and management department to assist in inspection, appraisal and identification according to law, the market supervision and management department shall provide assistance.
2. Division of responsibilities with the Ministry of Agriculture and Rural Affairs.
(1) The Ministry of Agriculture and Rural Affairs is responsible for the quality and safety supervision and management of edible agricultural products from planting and breeding to entering the wholesale and retail market or production and processing enterprises. After edible agricultural products enter the wholesale and retail market or production and processing enterprises, they shall be supervised and managed by the State Administration of Market Supervision.
(2) The Ministry of Agriculture and Rural Affairs is responsible for the supervision and management of the prevention and control of animal and plant diseases, the slaughter of livestock and poultry and the quality and safety of raw milk purchase.
(3) The two departments should establish a mechanism of food safety origin approval, market access and traceability, strengthen coordination and work convergence, and form a joint force of supervision.
3. Division of responsibilities with the National Health and Wellness Commission. The National Health and Wellness Commission is responsible for food safety risk assessment, and jointly with the State Administration of Market Supervision and other departments, formulate and implement a food safety risk monitoring plan. If the National Health and Wellness Committee finds that food may have potential safety hazards through food safety risk monitoring or receiving a report, it shall immediately organize inspection and food safety risk assessment, and timely notify the State Administration of Market Supervision of the results of food safety risk assessment, and the State Administration of Market Supervision shall immediately take measures for foods that have come to the conclusion that they are unsafe. If the State Administration of Market Supervision finds it necessary to carry out food safety risk assessment during the supervision and management, it shall promptly make suggestions to the National Health and Wellness Committee.
4. Division of responsibilities with the General Administration of Customs.
(1) The two departments should establish a mechanism to avoid repeated inspections, repeated charges and repeated penalties for all kinds of import and export commodities and imported food and cosmetics, so as to reduce the burden on enterprises.
(2) The General Administration of Customs is responsible for the safety supervision and management of imported food. Imported food and food-related products shall meet the national food safety standards of China. If food safety incidents occurring outside China may have an impact on China's territory, or serious food safety problems are found in imported food, the General Administration of Customs shall take risk early warning or control measures in time, and notify the State Administration of Market Supervision, which shall take corresponding measures in time.
(3) The two departments should establish an information notification and cooperation mechanism for defects of imported products. If the General Administration of Customs finds unqualified products or potential safety hazards in port inspection and supervision, it shall carry out technical treatment, return and destroy them according to law, and notify the State Administration of Market Supervision. The State Administration of Market Supervision uniformly manages the recall of defective products. If it is known that the imported products are defective through consumer reports, accident investigations and injury monitoring, the recall measures will be implemented according to law; For those who refuse to perform the recall obligation, the State Administration of Market Supervision shall notify the General Administration of Customs, which shall take corresponding measures according to law.
5. Division of responsibilities with the State Administration of Pharmaceutical Products. The State Administration of Pharmaceutical Products is responsible for formulating the regulatory system for drugs, medical devices and cosmetics, and for licensing, inspection and punishment of the development of drugs, medical devices and cosmetics. Provincial drug supervision and management departments are responsible for the licensing, inspection and punishment of drugs, medical devices and cosmetics production, as well as the registration, inspection and punishment of drug wholesale licenses, retail chain headquarters licenses and third-party platforms for Internet sales. The market supervision and management departments at the city and county levels are responsible for the licensing, inspection and punishment of drug retail and medical device business, as well as the inspection and punishment of cosmetics business and the use quality of drugs and medical devices.
6. Division of responsibilities with China National Intellectual Property Administration. China National Intellectual Property Administration is responsible for the business guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patents and infringement judgment standards, formulating inspection and appraisal standards of trademark patent law enforcement, establishing mechanisms, and doing a good job in policy standards convergence and information notification. The State Administration of Market Supervision is responsible for organizing and guiding trademark patent law enforcement.
legal ground
People's Republic of China (PRC) product quality law
Article 10
Any unit or individual has the right to report any violation of this law to the market supervision and administration department or other relevant departments.
The market supervision and management departments and relevant departments shall keep confidential the informants and reward them in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.