Chapter I: General Provisions
Chapter II: Consumer Rights
Chapter III: Obligations of Operators
Chapter IV: Protection of Consumers' Lawful Rights and Interests by the State
Chapter V: Consumer Organizations
Chapter VI: Settlement of Disputes
Chapter VII: Legal Responsibility
Chapter VIII Supplementary Provisions
Adopted at the 4th Meeting of the Standing Committee of the 8th National People's Congress on October 31, 1993, and came into force on January 1, 1994, and amended for the first time by the Provisions on Amending Some of the Laws of the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009. The second amendment was made by the Decision on Amendments of the 5th Meeting of the Standing Committee of the National People's Congress. promulgated by Decree No. 7 of the President of the People's Republic of China on October 25, 2013, and shall come into force on March 15, 2014.
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of protecting the lawful rights and interests of consumers, maintaining the social and economic order and promoting the healthy development of socialist market economy.
Article 2 The rights and interests of consumers in purchasing, using goods or accepting services for their daily consumption needs shall be protected by this Law; if not provided for in this Law, they shall be protected by other relevant laws and regulations.
Article 3 Operators shall comply with this Law when they provide consumers with the goods they produce or sell or the services they provide; where this Law is silent on this matter, they shall comply with other relevant laws and regulations.
Article 4 Operators shall conduct transactions with consumers in accordance with the principles of voluntariness, equality, fairness and honesty.
Article 5 The state protects the legitimate rights and interests of consumers from infringement.
The state takes measures to ensure that consumers exercise their rights in accordance with the law and safeguard the legitimate rights and interests of consumers.
The State advocates civilized, healthy, resource-saving and environment-protecting ways of consumption and opposes waste.
Article 6 The protection of the legitimate rights and interests of consumers is the ****same responsibility of the whole society.
The State encourages and supports all organizations and individuals to carry out social supervision of acts that harm the legitimate rights and interests of consumers.
The mass media shall do a good job of safeguarding the legitimate rights and interests of consumers, public opinion supervision of behavior that harms the legitimate rights and interests of consumers.
Chapter II Rights of Consumers
Article 7 Consumers in the purchase, use of goods and services enjoy the right to personal and property safety from harm.
Consumers have the right to demand that the goods and services provided by operators conform to the requirements for safeguarding the safety of persons and property.
Article 8 Consumers have the right to know the real situation of the goods they buy, use or services they receive.
Consumers have the right to demand, according to the different circumstances of the goods or services, the operator to provide the price of the goods, origin, producer, use, performance, specifications, grade, the main ingredients, date of production, expiration date, proof of conformity with the test, instructions on how to use the after-sales service, or the content of the service, specifications, fees and other relevant information.
Article IX consumers enjoy the right to independently choose goods or services.
Consumers have the right to independently choose the operator who provides goods or services, independently choose the variety of goods or services, and independently decide to buy or not to buy any kind of goods, accept or not to accept any service.
Consumers have the right to compare, identify and select goods or services when choosing them on their own.
Article 10 Consumers enjoy the right to fair trade.
Consumers in the purchase of goods or services, the right to obtain quality assurance, reasonable price, measurement and other fair trading conditions, the right to refuse the operator's compulsory trading behavior.
Article 11 Consumers who suffer personal or property damage from the purchase, use of goods or acceptance of services shall have the right to compensation in accordance with the law.
Article 12 Consumers have the right to establish social organizations to protect their legitimate rights and interests in accordance with the law.
Article 13 Consumers have the right to obtain knowledge about consumption and the protection of consumer rights and interests.
Consumers shall endeavor to acquire knowledge of the goods or services they need and the skills to use them, to use them correctly, and to raise their awareness of self-protection.
Article 14 Consumers shall enjoy the right to have their human dignity, national customs and habits respected and their personal information protected in accordance with the law when purchasing, using goods and receiving services.
Article 15: Consumers have the right to supervise goods and services and the protection of consumer rights and interests.
Consumers have the right to report and sue for infringement of the rights and interests of consumers and for illegal dereliction of duty on the part of state organs and their staff in the protection of consumer rights and interests, as well as the right to make criticisms and suggestions on the protection of consumer rights and interests.
Chapter III Obligations of Operators
Article 16 Operators providing goods or services to consumers shall fulfill their obligations in accordance with the provisions of this Law and other relevant laws and regulations.
If the operator and the consumer have an agreement, they shall fulfill their obligations in accordance with the agreement, but the agreement shall not be contrary to the provisions of laws and regulations.
The operator to provide goods or services to consumers, shall abide by social morality, good faith, to protect the legitimate rights and interests of consumers; shall not set unfair and unreasonable trading conditions, shall not be forced to trade.
Article XVII of the operator shall listen to consumers on the provision of goods or services, accept the supervision of consumers.
Article 18 operators shall ensure that the goods or services provided by them in line with the requirements for the protection of personal and property safety. For goods and services that may jeopardize the safety of persons and property, shall provide consumers with a true description and clear warning, and explain and indicate the correct use of the goods or accept the service and the method of preventing the occurrence of harm.
The operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall do their duty of safety to consumers.
Article 19 of the operator found that the goods or services provided by him are defective, and there is a danger of endangering the safety of persons and property, he shall immediately report to the relevant administrative departments and inform the consumers, and take measures such as stopping the sale of goods, warning, recall, harmless disposal, destruction, and stopping the production or service. Recall measures taken, the operator shall bear the necessary costs incurred by consumers due to the recall of goods.
Article 20 of the operator to provide consumers with information on the quality of goods or services, performance, use, expiration date, etc., shall be true and comprehensive, shall not make false or misleading publicity.
The operator shall give true and clear answers to consumers' inquiries about the quality and use of the goods or services provided by the operator.
The operator to provide goods or services should be clearly marked price.
Article 21 The operator shall indicate its true name and mark.
An operator who leases another person's counter or site shall indicate its true name and mark.
Article 22 operators to provide goods or services, shall be in accordance with the relevant provisions of the state or commercial practice to the consumer issued invoices and other proof of purchase or service documents; consumers request invoices and other proof of purchase or service documents, the operator must be issued.
Article 23 of the operator shall ensure that in the normal use of goods or services provided under the circumstances of the goods or services should have the quality, performance, use and validity of the period; but consumers in the purchase of the goods or services before the acceptance of the consumer has been aware of the existence of defects, and the existence of such defects does not violate the mandatory provisions of the law, except.
If the operator indicates the quality of the goods or services by advertisement, product description, physical samples or other means, he shall ensure that the actual quality of the goods or services provided by him is consistent with the indicated quality.
The operator to provide motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or services such as decoration, the consumer from the date of acceptance of the goods or services within six months of the discovery of defects, disputes arise, the operator shall bear the burden of proof of the relevant defects.
Article 24 of the operator to provide goods or services do not meet the quality requirements, consumers can return the goods in accordance with state regulations, the agreement of the parties, or require the operator to fulfill the obligations of replacement, repair. There is no state regulations and the agreement of the parties, the consumer can return the goods within seven days from the date of receipt; seven days after the legal conditions for termination of the contract, the consumer can return the goods in a timely manner, does not meet the legal conditions for termination of the contract, you can ask the operator to fulfill the obligation to replace, repair and so on.
In accordance with the provisions of the preceding paragraph for the return, replacement, repair, the operator shall bear the transportation and other necessary costs.
Article 25 of the operator using the Internet, television, telephone, mail order and other means of selling goods, consumers have the right to return the goods within seven days from the date of receipt of the goods, and do not need to explain the reasons, but the following commodities are excluded:
(1) consumer customized;
(2) live and fresh and perishable;
(3) online downloads or the consumer to unseal the audio-visual products, computer software and other digital goods;
(3) online downloads or consumer unsealed audio-visual products
(iv) Delivered newspapers and periodicals.
In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by the consumer at the time of purchase, are not applicable to the return of goods without reason.
The goods returned by the consumer shall be in good condition. The operator shall return the price of the goods paid by the consumer within seven days from the date of receipt of the returned goods. The freight cost of returning the goods shall be borne by the consumer; if the operator and the consumer agree otherwise, in accordance with the agreement.
Article 26 of the operator in the business activities of the use of format terms, shall in a conspicuous manner to draw the attention of consumers to the quantity and quality of goods or services, price or cost, the period and manner of fulfillment, safety precautions and risk warning, after-sales service, civil liability, and other content of material interest to consumers, and in accordance with the requirements of the consumer to be explained.
The operator shall not make unfair and unreasonable provisions for consumers such as excluding or limiting the rights of consumers, reducing or exempting the responsibility of the operator, or increasing the responsibility of consumers by means of format terms, notices, declarations or store notices, and shall not make use of the format terms and force the transaction with the help of technical means.
Format clauses, notices, declarations, store notices, etc. containing the contents listed in the preceding paragraph, its content is invalid.
Article 27 Operators shall not insult or slander consumers, search their bodies and the articles they carry, or violate their personal freedom.
Article 28 Operators who use the Internet, television, telephone, mail order and other means to provide goods or services, as well as operators who provide financial services such as securities, insurance, banking, etc., shall provide consumers with the business address, contact information, the quantity and quality of the goods or services, the price or cost, the period and manner of fulfillment, safety precautions and risk warning, after-sales service, civil liability And other information.
Article 29: The collection and use of consumers' personal information by operators shall be based on the principles of lawfulness, legitimacy and necessity, and the purpose, manner and scope of the collection and use of such information shall be clearly stated and agreed to by the consumers. The operator collects and uses consumers' personal information, shall disclose the rules of collection and use, shall not violate the provisions of laws and regulations and the agreement of both parties to collect and use information.
Operators and their staff on the collection of consumers' personal information must be kept strictly confidential, and shall not disclose, sell or illegally provide to others. Operators shall take technical measures and other necessary measures to ensure information security, to prevent the leakage or loss of consumers' personal information. In the event of leakage or loss of information occurs or is likely to occur, shall immediately take remedial measures.
Operators shall not send commercial information to consumers without their consent or request, or if the consumer expressly refuses.
Chapter IV: State Protection of the Lawful Rights and Interests of Consumers
Article 30 The State shall listen to the opinions of consumers and organizations such as consumer associations when formulating laws, regulations, rules and mandatory standards relating to consumer rights and interests.
Article 31 The people's governments at all levels shall strengthen their leadership, organize, coordinate and supervise the relevant administrative departments to do a good job in protecting the legitimate rights and interests of consumers, and to implement their duties in protecting the legitimate rights and interests of consumers.
The people's governments at all levels shall strengthen supervision to prevent the occurrence of acts that jeopardize the safety of consumers' persons and property, and promptly stop acts that jeopardize the safety of consumers' persons and property.
Article 32 of the people's governments at all levels of administration for industry and commerce and other relevant administrative departments shall, in accordance with the provisions of laws and regulations, within their respective areas of responsibility, take measures to protect the legitimate rights and interests of consumers.
The relevant administrative departments shall listen to consumers and consumer associations and other organizations of the operator's trading behavior, the quality of goods and services, and timely investigation and handling.
Article 33 of the relevant administrative departments in their respective areas of responsibility, should be regularly or irregularly on the operator to provide goods and services for random testing, and timely announcement of the results of random testing to the community.
The relevant administrative departments found and determined that the operator to provide goods or services are defective, there is a danger to personal and property safety, shall immediately order the operator to take measures to stop sales, warning, recall, harmless disposal, destruction, stop production or service.
Article 34 The relevant state organs shall, in accordance with the provisions of laws and regulations, punish the operator in the provision of goods and services to infringe upon the legitimate rights and interests of consumers, criminal behavior.
Article 35 The people's courts shall take measures to facilitate consumers to file lawsuits. For the Chinese people *** and the National Civil Procedure Law of the prosecution conditions of consumer rights and interests disputes, must be accepted, and timely trial.
Chapter V Consumer Organizations
Article 36 Consumers' associations and other consumer organizations are social organizations established by law to protect the lawful rights and interests of consumers through social supervision of goods and services.
Article 37 Consumers' associations perform the following public welfare duties:
(1) to provide consumers with consumer information and consulting services, to improve the ability of consumers to safeguard their lawful rights and interests, and to guide the civilized, healthy, resource-saving and environmentally friendly way of consumption;
(2) to participate in the formulation of laws, rules and regulations and mandatory standards relating to the rights and interests of consumers;
(3) to participate in the supervision and inspection of goods and services by the relevant administrative departments;
(4) to reflect, enquire and make suggestions to the relevant departments on issues relating to the legitimate rights and interests of consumers;
(5) to receive complaints from consumers and investigate and mediate on matters of complaint;
(6) where matters of complaint involve issues of the quality of goods and services
(vii) on the damage to the legitimate rights and interests of consumers, to support the injured consumer to file a lawsuit or in accordance with this Law;
(viii) on the damage to the legitimate rights and interests of consumers, through the mass media to be exposed and criticized.
The people's governments at all levels shall provide the necessary financial support to consumer associations in the performance of their duties.
Consumers' associations shall conscientiously fulfill their duties to protect the legitimate rights and interests of consumers, listen to the opinions and suggestions of consumers, and accept social supervision.
Other consumer organizations established by law shall, in accordance with the provisions of laws and regulations and their statutes, carry out activities to protect the legitimate rights and interests of consumers.
Article 38 Consumer organizations shall not engage in the operation of goods and profit-making services, and shall not recommend goods and services to consumers by way of charging fees or other profit-making methods.
Chapter VI Settlement of Disputes
Article 39 If a dispute arises between a consumer and an operator over consumer rights and interests, it may be settled through the following means:
(1) negotiation and settlement with the operator;
(2) requesting mediation by a consumer association or other mediation organization established in accordance with the law;
(3) lodging a complaint with the relevant administrative department;
(4) filing a complaint with the relevant administrative department;
Article 5 The Consumer Organization shall not engage in the business of goods and services for profit. p>
(iv) submit to an arbitration institution for arbitration according to the arbitration agreement reached with the operator;
(v) file a lawsuit with the People's Court.
Article 40 consumers in the purchase and use of goods, their legitimate rights and interests are harmed, you can ask the seller for compensation. After the seller compensation, belongs to the producer's responsibility or belongs to the seller to provide goods to the seller of other sellers of responsibility, the seller has the right to recover from the producer or other sellers.
Consumers or other victims of defective goods caused by personal or property damage, you can claim compensation from the seller, you can also claim compensation from the producer. Belong to the producer's responsibility, the seller compensation, the right to recover from the producer. Belong to the responsibility of the seller, the producer compensation, the right to recover from the seller.
Consumers who have suffered damage to their lawful rights and interests when receiving services may claim compensation from the service provider.
Article 41 Consumers whose lawful rights and interests are harmed when purchasing or using goods or receiving services, due to the separation or merger of the original enterprise, may demand compensation from the enterprise that bears their rights and obligations after the change.
Article 42 If an illegal operator using another person's business license provides goods or services and harms the lawful rights and interests of consumers, the consumers may demand compensation from him or from the holder of the business license.
Article 43 consumers in the fair, leasing counter to buy goods or services, their legitimate rights and interests are harmed, you can ask for compensation to the seller or service provider. The end of the fair or counter lease expires, you can also ask for compensation to the organizer of the fair, the counter of the lessor. The organizer of the fair or the lessor of the counter shall have the right to recover the compensation from the seller or the service provider.
Article 44 consumers through the network trading platform to buy goods or accept services, their legitimate rights and interests are harmed, you can ask the seller or service provider for compensation. Network trading platform provider can not provide the seller or service provider's real name, address and effective contact information, consumers can also ask for compensation to the network trading platform provider; network trading platform provider to make more favorable to the consumer's commitment, shall fulfill the commitment. Network trading platform provider compensation, the right to recover from the seller or service provider.
The network trading platform provider knows or should know that the seller or service provider using its platform to infringe upon the legitimate rights and interests of consumers, and fails to take the necessary measures, in accordance with the law, and the seller or service provider to bear joint and several liability.
Article 45 Consumers whose lawful rights and interests have been harmed by the use of false advertisements or other false propaganda by the operator to provide goods or services may claim compensation from the operator. Where an advertising operator or publisher publishes false advertisements, the consumer may request the competent administrative department to penalize them. Advertising operators, publishers can not provide the operator's real name, address and effective contact information, shall bear the responsibility for compensation.
If an advertising operator or publisher designs, produces or publishes false advertisements for goods or services related to the life and health of consumers, and causes damage to consumers, he or she shall be jointly and severally liable with the operator who provides the goods or services.
Social organizations or other organizations, individuals in relation to the life and health of consumers of goods or services in the false advertising or other false propaganda to recommend goods or services to consumers, resulting in consumer damage, shall be jointly and severally liable with the operator to provide the goods or services.
Article 46 If a consumer files a complaint with the relevant administrative department, the department shall, within seven working days from the date of receipt of the complaint, deal with it and inform the consumer.
Article 47 The China Consumers' Association and consumer associations established in provinces, autonomous regions and municipalities directly under the Central Government may bring lawsuits to the people's courts for infringement of the lawful rights and interests of many consumers.
Chapter VII Legal Liability
Article 48 If an operator provides goods or services under any of the following circumstances, except as otherwise provided in this Law, he shall be held civilly liable in accordance with the provisions of other relevant laws and regulations:
(1) if the goods or services are defective;
(2) if the goods are sold without the performance they should have;
(3) if the goods are sold without explanation; and (ii) does not have the goods should have the use of performance and sold without explanation;
(iii) does not comply with the commodity standards used in the commodity or its packaging indicated;
(iv) does not comply with the description of the commodity, physical samples and other means of indicating the quality of the situation;
(v) production of commodities eliminated by order of the State, or the sale of invalid, deteriorating commodities;
(vi) the sale of insufficient quantities of commodities;
(vii) the content and cost of services in violation of the agreement;
(viii) deliberate delay or unreasonable refusal of the consumer's request for repair, remake, replacement, return, replenishment of the number of commodities, refund of the purchase price and the cost of services, or compensation for damages;
(ix) other cases of damage to the rights and interests of consumers, as stipulated by laws and regulations.
Operators who fail to fulfill their safety and security obligations to consumers, causing damage to consumers, shall bear tort liability.
Article 49: Where an operator provides goods or services that cause personal injury to a consumer or other victim, the operator shall compensate for the reasonable costs of treatment and rehabilitation such as medical fees, nursing fees, transportation fees, and the reduction of income due to lost work. Where disability is caused, compensation shall also be paid for disability living aids and disability compensation. In the event of death, funeral expenses and death compensation shall also be compensated.
Article 50: Where an operator infringes upon a consumer's human dignity, violates a consumer's personal freedom, or infringes upon a consumer's right to have his or her personal information protected in accordance with the law, the operator shall cease the infringement, restore his or her reputation, eliminate the influence, make an apology, and pay compensation for the loss.
Article 51 operators have insulted and slandered, body searches, infringement of personal freedom and other infringement of the personal rights and interests of consumers or other victims, resulting in serious moral damage, the victim may claim compensation for moral damage.
Article 52 operators to provide goods or services, causing damage to consumer property, shall, in accordance with the provisions of the law or the agreement of the parties to bear the repair, rework, replacement, return, replenish the number of commodities, refund of goods and services, or compensation for loss and other civil liability.
Article 53 of the operator to provide goods or services in advance, shall be provided in accordance with the agreement. Failure to provide in accordance with the agreement, shall be in accordance with the requirements of the consumer to fulfill the agreement or return the advance payment; and shall bear the interest on the advance payment, the consumer must pay the reasonable costs.
Article 54 In accordance with the law by the relevant administrative departments recognized as unqualified goods, consumers request the return of goods, the operator shall be responsible for the return of goods.
Article 55 of the operator to provide goods or services fraudulent behavior, shall be in accordance with the requirements of the consumer to increase the compensation for the losses suffered, the amount of increased compensation for the consumer to purchase the goods or services received three times the cost of the goods; the amount of increased compensation is less than five hundred yuan, for five hundred yuan. If the law provides otherwise, in accordance with its provisions.
If the operator knows that the goods or services are defective and still provides them to the consumer, causing the death of the consumer or other victim or serious damage to his health, the victim shall have the right to demand that the operator compensate for the loss in accordance with the provisions of Article 49, Article 51 and other laws of this Law, as well as the right to demand punitive damages of not more than two times the loss suffered.
Article 56 of the operator of one of the following circumstances, in addition to bear the corresponding civil liability, other relevant laws and regulations on the punishment of the authorities and penalties provided for, in accordance with the provisions of the laws and regulations; laws and regulations are not provided for, by the administration for industry and commerce or other relevant administrative departments ordered to make corrections, according to the circumstances of the single or concurrently with warnings, confiscate the illegal income, A fine of not less than ten times the illegal income, no illegal income, a fine of not more than five hundred thousand yuan; the circumstances are serious, shall be ordered to suspend business rectification, revocation of business license:
(a) the provision of goods or services do not meet the protection of persons and property safety requirements;
(b) adulteration, adulteration of commodities, fake for the real, substandard or substandard commodities as qualified commodities;
(b) the adulteration, adulteration, fake for the real, substandard for the good, or substandard commodities as qualified commodities;
(c) the adulteration, adulteration, fake for the real, or substandard commodities as qualified commodities;
(C) the production of commodities eliminated by state orders or the sale of invalid, deteriorating commodities;
(D) falsification of the origin of commodities, forged or fraudulently use another person's factory name, address, tampering with the date of production, forged or fraudulently use the certification mark and other quality mark;
(E) the sale of commodities should be inspected, quarantine and not inspected, Quarantine or falsification of the results of inspection, quarantine;
(f) false or misleading publicity for goods or services;
(g) refusing or delaying the relevant administrative departments ordered to stop sales of defective goods or services to take measures such as stop selling, warning, recall, harmless disposal, destruction, stop production or service;
(h) on the consumer's request for repair, rework, replacement, repair, replacement and other measures;
(h) on the consumer's request for repair, rework, replacement, replacement and other measures. repair, rework, replacement, return, make up the number of goods, refund of goods and services or compensation for losses, willful delay or unreasonable refusal;
(ix) infringement of the human dignity of consumers, infringement of consumer personal freedom or infringement of consumer personal information rights protected in accordance with the law;
(x) other circumstances stipulated by laws and regulations on the damage to the rights and interests of consumers should be punished. be punished in other cases.
Operators in the preceding paragraph, in addition to the provisions of laws and regulations shall be punished, the punishing authority shall be recorded in the credit file, and publicized to the community.
Article 57 The operator violates the provisions of this Law to provide goods or services, infringement of the legitimate rights and interests of consumers, constituting a crime, shall be investigated for criminal responsibility.
Article 58 Operators in violation of the provisions of this Law, shall bear civil liability and pay fines and penalties, their property is not enough to pay at the same time, the first civil liability.
Article 59 If the operator is not satisfied with the decision of administrative penalty, he may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 60 Anyone who obstructs the staff of the relevant administrative department in the performance of their duties in accordance with law by means of violence or threat shall be investigated for criminal liability in accordance with law; and anyone who refuses or obstructs the staff of the relevant administrative department in the performance of their duties in accordance with law without resorting to the use of violence or threat shall be punished by the public security organs in accordance with the provisions of the Law of the People's Republic of China on Punishment for Public Security Administration of the People's Republic of China.
Article 61 of the staff of state organs dereliction of duty or harboring the operator's infringement of the legitimate rights and interests of consumers, by their units or higher authorities to be given administrative sanctions; the circumstances are serious, constituting a crime, shall be investigated for criminal responsibility.
Chapter VIII Supplementary Provisions
Article 62 The purchase and use by farmers of means of production directly used in agricultural production shall be implemented with reference to this Law.
Article 63 This Law shall come into force as of January 1, 1994