The term "operator" as mentioned in these Measures refers to the producers, sellers and service providers who provide consumers with the goods they produce and sell or provide services. Article 3 The people's governments at all levels shall be responsible for organizing the implementation of these Measures.
The administrative departments of industry and commerce, price, health, technical supervision and commodity inspection shall do a good job in protecting consumers' rights and interests according to law, and investigate and deal with illegal acts that harm consumers' legitimate rights and interests. The relevant administrative departments must accept the cases of consumer complaints that fall within the scope of their duties, and shall not shirk or delay for a long time.
The Consumer Rights Protection Committee of the people's government at or above the county level shall be responsible for guiding, coordinating, supervising and inspecting the protection of consumer rights of relevant administrative departments and units, and its office shall be located in the administrative department for industry and commerce of the people's government at the same level. Article 4 Consumers' associations are social organizations established according to law to supervise goods and services and protect consumers' legitimate rights and interests, and perform their duties in accordance with the provisions of Article 32 of the Consumer Protection Law.
People's governments at all levels and relevant administrative departments shall support consumer associations to carry out social supervision, ensure their normal performance of functions, and provide necessary funds. Fifth consumer associations can inquire about the legitimate rights and interests of consumers from the relevant administrative departments. If the inquiry is made in written form, the reasons for the inquiry and the questions to be answered shall be clearly stated.
The inquired unit shall make a written reply within 05 days from the date of receiving the written inquiry.
If the inquired unit refuses to accept the inquiry, the consumer association may report to the superior consumer association and the superior organ of the inquired unit, or publicly expose or criticize it. Article 6 The mass media should do a good job in safeguarding the legitimate rights and interests of consumers, and conduct supervision by public opinion on acts that harm the legitimate rights and interests of consumers. No unit or individual may interfere with or suppress true reports about protecting the legitimate rights and interests of consumers. Article 7 The people's court shall set up a court for the protection of consumers' rights and interests to facilitate consumers to bring lawsuits. Article 8 In addition to fulfilling the obligations stipulated in the Consumer Protection Law and other laws and regulations, business operators shall also abide by the following provisions:
(a) the provision of goods or services must be clearly marked in accordance with state regulations. If the price of goods is reduced due to clearance, seasonal change, relocation and other reasons, the price expression shall be true;
(2) If the business needs to be commissioned, it shall be commissioned on the spot;
(three) engaged in health care, beauty, entertainment and other business services, should have the technical conditions, service equipment and supplies to protect human health and personal safety;
(four) engaged in repair and processing services should be reasonable fees, timely delivery and quality assurance, not stealing parts or raw materials;
(five) consumers are not satisfied with the purchase of goods, put forward to return on the spot, the operator shall refund the full price, and shall not charge any fees;
(six) abide by the principles of fairness and voluntariness, and shall not force consumers to sell or serve or accept unfair conditions against their will. Article 9 If consumers and business operators have disputes over the quality of goods and services, they may be appraised by an appraisal institution or consumer association designated by both parties or the administrative department that accepts the complaint, and the appraisal fee shall be borne by the responsible party. Article 10 In the event of a dispute over consumers' rights and interests, consumers may hold purchase vouchers or service receipts and negotiate with the operators who provide commodities or services for settlement. If they are unwilling to settle the dispute through consultation or fail to reach an agreement through consultation, they can request the consumer association where the operator is located to mediate or apply for arbitration according to the arbitration agreement and arbitration institution reached by both parties, or they can directly appeal to the relevant administrative department or bring a lawsuit to the people's court. Article 11 Where a business operator provides goods or services, causing personal injury, disability or death to consumers or other victims (hereinafter referred to as victims) due to quality problems, it shall pay the fees according to the items specified in Articles 41 and 42 of the Consumer Protection Law and the following standards:
(a) medical expenses are calculated according to the expenses necessary for the hospital to treat the victims.
(2) Nursing expenses during treatment. If the victim can't take care of himself during hospitalization, it shall be calculated according to the cost of local nursing staff 1.
(3) The income reduced due to absenteeism shall be calculated according to the actual income reduced by the victim due to absenteeism; If it is difficult to confirm the actual income, the average annual salary of local employees shall be taken as the standard.
(four) the cost of self-help appliances for the disabled is calculated according to the cost of universal appliances.
(five) disability living allowance, according to the level of disability of the victim, according to the local average annual living expenses 10 to 20 times.
(6) Disability compensation is calculated at 5 times to 10 times of the average annual salary of local employees according to the disability level of the victim.
(seven) the funeral expenses are calculated according to the basic service charges of local funeral units.
(eight) death compensation, calculated according to the local average annual living expenses of 20 times.
(nine) the living expenses of the people raised by the deceased before his death shall be based on the local average annual living expenses. 16 years old, calculated according to 16 years old; Others who are unable to work shall be supported for 20 years.
Where laws and regulations provide otherwise for the preceding paragraph, such provisions shall prevail. The expenses paid in accordance with the provisions of the preceding paragraph shall be compensated in one lump sum.
The average annual salary of local employees as stipulated in this article refers to the average annual salary of local employees announced by the statistics department of the local municipal and county people's governments; The local average annual living expenses stipulated in this article refer to the per capita living consumption expenditure of urban households or peasant households in the previous year published by the statistics department of the provincial people's government.