(Adopted
by the 4th Session of the Standing Committee of the Eighth National People's
Congress on October 31, 1993, promulgated by Order No.11 of the President of
the People's Republic of China on October 31, 1993, and effective on January 1,
1994)
Contents
Chapter I
General Provisions
Chapter II Rights of the Consumers
Chapter III Obligations of the
Operators
Chapter IV State Protection on Consumers'
Lawful Rights and Interests
Chapter V Consumers' Organizations
Chapter VI Settlement of Disputes
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated in order to protect the lawful
rights and interests of the consumers, to maintain the socioeconomic order, and
to promote sound development of the socialist market economy.
Article 2
Where the consumers, for the need of living
consumption, purchase and utilize commodities or accept services, their rights
and interests are protected by this Law; and in the absence of such provisions
in this Law, are protected by other relevant laws and regulations.
Article 3
The operators shall, in providing commodities they
produce or sell or in providing services, abide by this Law; and in the absence
of such provisions in this Law, abide by other relevant laws and regulations.
Article 4
The operators and the consumers shall, in transactions,
observe to the principle of willingness, equality, fairness and honesty and
reputation.
Article 5
The state protects the lawful rights and interests of
the consumers from being infringed upon.
The state adopts measures in ensuring the consumers to
exercise their rights according to law and in defending the lawful rights and
interests of the consumers.
Article 6
The protection of the consumers' rights and interests
is a common responsibility of the whole society.
The state encourages and supports all organizations
and individuals to carry out social supervision over any infringement act of
the lawful rights and interests of the consumers.
Mass media shall give a good publicity to the defense
of the consumers' rights and interests and carry out media supervision over any
infringement act of the lawful rights and interests of the consumers.
Chapter II Rights of the Consumers
Article 7
In purchasing and utilizing commodities or accepting
services, the consumers enjoy the inviolable right of the personal and property
safety.
The consumers have the right to demand the commodities
or services provided by the operators accord with the requirements of ensuring
the personal and property safety.
Article 8
The consumers enjoy the right to know the true
situation of the commodities purchased and utilized and the services accepted.
The consumers have the right, according to different
situations of the commodities or services, to demand the operators to provide
such relevant information as the commodities' price, origin of production,
manufacturer, purpose, performance, specification, grade, major compositions,
date of production, term of validity, certification of inspection, operation
manual, after-sale service, or the services' content, standard and charge.
Article 9
The consumers enjoy the right to choose the
commodities or services of their choice.
The consumers have the right to select independently
the operators who provide commodities or services, to choose independently the
varieties of commodities and the kind of services, and to decide independently
to purchase a commodity or not and to accept a service or not.
The consumers have the right to make comparison,
examination and selection in independently choosing commodities and accepting services.
Article 10
The consumers enjoy the right of fair dealings.
In purchasing commodities or accepting services, the
consumers have the right to obtain such fair dealing conditions as quality
warranty, reasonable price and correct meterage, and have the right to refuse
any forced dealing act of the operators.
Article 11
A consumer who suffers injury or damage to the person
or property in purchasing and utilizing commodities or accepting services
enjoys the right to seek compensation according to law.
Article 12
The consumers enjoy the right to organize and form
according to law social organizations to defend their lawful rights and
interests.
Article 13
The consumers enjoy the right to obtain the knowledge
and information about consumption and the protection of consumers' rights and
interests.
The consumers shall exert themselves to master the
knowledge and operation skills on the commodities or services they need,
utilize the commodities correctly and heighten their self-protection
consciousness.
Article 14
The consumers enjoy the right, in purchasing and
utilizing commodities or accepting services, to have their human dignity and
nationality customs and traditions being respected.
Article 15
The consumers enjoy the right to carry out supervision
over the commodities, services and the protection work of consumers' rights and
interests.
The consumers have the right to inform against and
complain any infringement act of the rights and interests of consumers and any
act of law-violation and neglect of duties of state organs and their
functionaries in the protection work of consumers' rights and interests, and
have the right to put forward their criticism and suggestions on the work of
protecting the consumers' rights and interests.
Chapter III Obligations of the Operators
Article 16
The operators shall, in providing the consumers with
commodities or services, fulfill their obligations in accordance with the
provisions of the Product Quality Law of the People's Republic of
Where there is an agreement between the consumer and
the operator, obligations shall be fulfilled according to the agreement, but
the agreement of two parties may not violate the provisions of laws and
regulations.
Article 17
The operators shall solicit opinions from the
consumers on the commodities or services they provide and subject themselves to
supervision from the consumers.
Article 18
The operators shall guarantee that the commodities or
services they provide accord with the requirements of ensuring the personal and
property safety. In regard to the commodities or services which pose potential
hazard to personal and property safety, the operators shall make true to fact
descriptions and clear warning to the consumers, specify and label the correct
method in utilizing the commodities or accepting services and the method of
preventing the occurrence of injury and damage.
When the operators discover that the commodities or
services they provide exist serious defects and might cause injury or damage to
the personal and property safety even under correct utilization of the
commodities and acceptance of the services, the operators shall promptly report
to relevant administrative departments and inform the consumers and take measures
to prevent the occurrence of such injury and damage.
Article 19
The operators shall provide true to fact information
about commodities or services to the consumers and may not make misleading
false publicity.
The operators shall make true to fact and clear
answers on inquiry of the consumers on the quality and utilization method of
the commodities or services provided.
The shops shall label clear price on commodities
provided.
Article 20
The operators shall clearly label their real
designations and marks.
The operators who hire counters or sites from others
shall clearly label their real designation and marks.
Article 21
The operators who provide commodities or services
shall, according to relevant state regulations or commercial usage, issue the
certificate of purchasing or service vouchers to the consumers; where the
consumer asks for the certificate of purchasing or service voucher, the
operator must issue thereof.
Article 22
Under normal utilization of the commodities and
acceptance of services, the operators shall guarantee the quality, performance,
purpose and term of validity, which the commodities or services they provide
should have, but excluding the case where the consumers have already known the
hidden defects prior to the purchase of such commodities or the acceptance of
such services.
Where the operators use advertisements, product
descriptions, sample products or other means to indicate the quality status of
the commodities or services, they shall guarantee that the actual quality of
the commodities or services they provide shall comply with the indicated
quality.
Article 23
Where the operators, according to state regulations or
agreements with the consumers, commit themselves to take such responsibilities
as repair, replacement and return of goods in providing the commodities or
services, they shall fulfill such responsibilities according to state
regulations or agreements and may not delay intentionally or refuse to
fulfillment without reasons.
Article 24
The operators may not make unfair or unreasonable
regulations against the consumers in such forms as form contract, notice,
statement or shop poster, or diminish or waive their due civil responsibility
for infringing the consumers' lawful rights and interests.
Where the form contracts, notices, statements or shop
posters contain the content listed in the preceding paragraph, such content is
null and void.
Article 25
The operators may not insult or defame the consumers,
may not search the body of the consumers and the articles they carry, and may
not infringe upon the consumers' freedom of person.
Chapter IV State Protection on Consumers' Lawful
Rights and Interests
Article 26
The state shall, in formulating laws, regulations and
policies related to the protection of consumers' rights and interests, heed
opinions and demands of the consumers.
Article 27
People's governments at all levels shall strengthen
their leadership, organize, co-ordinate and supervise and urge relevant
administrative departments in doing well the work on the protection of
consumers' lawful rights and interests.
People's governments at all levels shall strengthen
their supervision, prevent the occurrence of the act which hazards the personal
and property safety of the consumers, and timely put an end to the act which
hazards the personal and property safety of the consumers.
Article 28
Industrial and commercial administration departments
of the people's governments at various levels and other relevant administrative
departments shall, in accordance with the provisions of laws and regulations
and within their respective scopes of functions and duties, adopt measures to
protect the lawful rights and interests of the consumers.
Relevant administrative departments shall listen to
opinions of the consumers and their social organizations on problems concerning
operators' trading acts and the quality of commodities and services, and timely
investigate into and handle such problems.
Article 29
Relevant state organs shall, in accordance with the
provisions of laws and regulations, punish those operators for the illegal and
criminal offense of infringing the lawful rights and interests of the consumers
in their supply of commodities or services.
Article 30
People's courts shall take measures to convenience the
consumers in filing suits. Where a case of dispute over consumers' rights and
interests meets the indictment conditions as provided in the Civil Procedure
Law of the People's Republic of
Chapter V Consumers' Organizations
Article 31
The consumer association and other consumer
organizations are social organizations which are established according to law
to carry out social supervision over commodities and services, and to protect
the lawful rights and interests of the consumers.
Article 32
The consumer association exercises the following
duties and functions:
1. to provide the consumers with services on consumption
information and consultancy;
2. to join relevant administrative departments in
supervising over and inspecting into commodities and services;
3. to report to relevant administrative departments,
inquire into and put forward suggestions on issues concerning the lawful rights
and interests of the consumers;
4. to take cognizance of consumer complaints,
investigate into and mediate such complaints;
5. where the complaints involve quality of commodities
and services, the consumer association may submit to the appraising departments
for appraisal, and the appraising departments shall inform them on the
appraisal conclusion;
6. to support the consumer whose rights and interests
are infringed upon in filing the suit against the act which infringes the
lawful rights and interests of the consumers; and
7. to expose and criticize through the mass media such
acts which infringe upon the lawful rights and interests of the consumers.
People's governments at all levels shall support the
consumer associations in exercising their duties and functions.
Article 33
Consumer organizations may not engage in commodity
operations and profit-oriented services, and may not recommend commodities and
services to the society for the purpose of making profits.
Chapter VI Settlement of Disputes
Article 34
A dispute of the rights and interests of the consumer
arising between the consumer and the operator may be settled through the
following channels:
1. to settle through mediation with the operator;
2. to request the consumer association for mediation;
3. to make the complaint to the relevant
administrative department;
4. to apply to the arbitration organ for arbitration
according to the arbitration agreement with the operator; and
5. to bring a suit to the people's court.
Article 35
A consumer whose lawful rights and interests are
infringed upon when purchasing and utilizing the commodity may claim for
compensation from the seller. Where, after such compensation is made by the
seller, the responsibility lies with the manufacturer or other sellers who
provide the commodity to the seller, the seller has the right to recover its
losses from the manufacturer or other seller.
A consumer or other victim suffers injury and damage
to the person or property due to the defects of the commodity may claim for
compensation from the seller, and may also claim for compensation from the
manufacturer. Where the responsibility lies with the manufacturer and after
such compensation is made by the seller, the seller has the right to recover
its losses from the manufacturer. Where the responsibility lies with the seller
and after the manufacturer has paid such compensation, the manufacturer has the
right to recover its losses from the seller.
A consumer whose lawful rights and interests are
infringed upon when accepting services may claim for compensation from the
service provider.
Article 36
A consumer whose lawful rights and interests are
infringed upon in purchasing and utilizing the commodity or accepting the
service may claim for compensation from the enterprise which take both the
rights and obligations of the original enterprise which has split or merged.
Article 37
Where illegal operators who use business licenses of
others provide commodities and services and infringe upon the lawful rights and
interests of the consumers, the consumers may claim for compensation from such
operators and may also claim for compensation from the holders of such
licenses.
Article 38
A consumer whose lawful rights and interests are
infringed upon in purchasing the commodity or accepting the service from sales
exhibitions or leased counters may claim for compensation from the seller or
service provider. After the conclusion of such sales exhibitions and the
expiration of the lease term of such counters, the consumer may claim for
compensation from the organizers of such sales exhibitions or lessors of such
counters. The organizers of such sales exhibitions and lessors of such counters
have the right, after making such compensation, to recover their losses from
the sellers or service providers.
Article 39
A consumer whose lawful rights and interests are
infringed upon because of false advertisements used by the operator to provide
the commodity or service may claim for compensation from the operator. The
consumer may request the competent administrative department to mete out
punishment to the advertising operator who publishes the false advertisement. An
advertising operator who can not provide real designation and address of the
operator shall bear responsibility of compensation.
Chapter VII Legal Responsibility
Article 40
Except where this Law provides otherwise, an operator
who provides the commodity or service shall assume civil responsibility in
accordance with the provisions of the Product Quality Law of the People's
Republic of
1. Where the commodity has the defect;
2. Where the commodity does not have the operating
characteristics that the commodity should have and the description does not
make at the selling time;
3. Where the commodity is inconsistent with the
product standards marked on the commodity or its package;
4. Where the commodity is inconsistent with the
quality condition indicated by product description or the sample products;
5. To produce the commodity clearly declared to be
eliminated by the state or to market the commodity that has become ineffective
or has gone bad;
6. To market the commodity in insufficient weight;
7. Where the contents of services or charges run
counter to the agreement;
8. To delay arbitrarily or refuse without justified
reason the demand by the consumer on repair, refurbishment, replacement, return
of goods, making up the difference in quantity, refunding payment for goods and
service charges or indemnity; and
9. Other circumstances as provided by laws and
regulations on the infringement of the consumers' rights and interests.
Article 41
An operator who causes injury to person of the
consumer or other victims in providing the commodity or service shall pay the
medical expenses, nursing costs during the treatment period and loss in income
caused due to loss of working days; where disability is resulted, the operator
shall also pay such costs as self-assistance apparatus for the living of the
disabled, living allowance, indemnity for the disabled and the living cost
required by his or her dependents; where the case constitutes a crime, criminal
responsibility shall be investigated according to law.
Article 42
An operator who causes the demise to the consumer or
other victims in providing the commodity or service shall pay such costs as
funeral expenses, indemnity for fatality and the living expenses required by
the dependents of the dead; where the case constitutes a crime, criminal
responsibility shall be investigated according to law.
Article 43
An operator who, in violation of the provisions of
Article 25 of this Law, infringes upon the personal dignity or the personal
freedom of the consumer shall stop such infringement, rehabilitates the
reputation of the consumer, eliminate influence, make an apology, and
compensate losses of the consumer.
Article 44
An operator who causes damages to property of the
consumer in providing the commodity or service shall, according to the demand
of the consumer, assume civil responsibility in such ways as repair,
refurbishment, replacement, return of goods, making up the difference in
quantity of the commodity, refunding payment for the commodity and service
charges or indemnifying the losses. Where there is a separate agreement, such
agreement shall apply.
Article 45
With respect to the commodities guaranteed for repair,
replacement and return as prescribed by the state or agreements between the
operators and the consumers, the operators shall take the responsibility of
repair, replacement and return. Where the commodity can still not be used
normally after two repairs during the warranty term, the operator shall take
the responsibility of replacement or return.
With respect to the large commodities guaranteed for
repair, replacement and return, which the consumer demands for repair,
replacement or return, the operator shall assume such reasonable costs as transportation.
Article 46
An operator who provides the commodity by means of
mail-order shall provide such commodity as agreed upon. The operator who fails
to provide as agreed upon shall honor the agreement or refund the payment for
goods according to the demand of the consumer; and shall also cover the
reasonable expenses that the consumer must pay.
Article 47
An operator who provides the commodity or service by
means of advance received shall provide thereof as agreed upon. The operator
who fails to provide as agreed upon shall honor the agreement or refund the
advance payment according to the demand of the consumer; and shall also
indemnify interests for the advance payment and compensate the reasonable
expenses that the consumer must pay.
Article 48
Where a consumer demands to return the commodity which
is not up to the standards as determined by the relevant administrative
department according to law, the operator shall be responsible to return.
Article 49
An operator who has the fraudulent act in providing
the commodity or service shall, according to the demand of the consumer,
increase the compensation to the losses suffered by the consumer, the amount of
increased compensation is one times of the commodity price or service charges
that the consumer has paid for the commodity purchased or for the service
accepted.
Article 50
An operator who is under one of the following
circumstances shall be treated in accordance with the provisions of laws and
regulations where the Product Quality Law of the People's Republic of China and
other relevant laws and regulations have the provisions on the organs in charge
of punishment and penalty methods; and in the absence of such provisions in
laws and regulations, the operator shall be ordered to make corrections by the
industrial and commercial administration department, and may be, according to
the case, separately or accumulatively given a warning, confiscated its
ill-gotten gains, imposed a fine of more than one times and less than five
times of its ill-gotten gains, and if there is no ill-gotten gains, imposed a
fine of less than 10,000 yuan; where the case is serious, the operator shall be
ordered to suspend operation for rectification or be revoked of its business
license:
1. the commodity produced or sold which is not up to
the requirements on ensuring the personal and property safety;
2. adulterating or mixing up the commodity, using the
spurious as the genuine, using the second as the best, or falsifying the
substandard commodity as the qualified commodity;
3. manufacturing the commodity which has been declared
to be eliminated by the state or selling the commodity which is no longer
effective or has gone bad;
4. falsifying the origin of production of the
commodity, falsifying or using without authorization the name and address of
other manufacturer, counterfeiting or using without authorization such quality
certifications as certification mark and brand-name and quality marks;
5. marketing the un-inspected or un-quarantined
commodity which should be subject to the inspection or quarantine or
counterfeiting the inspection or quarantine conclusion;
6. making misleading and false publicity on the
commodity or service;
7. arbitrarily delaying or refusing without justified
reasons demands of the consumer on repair, refurbishment, replacement, return
of goods, making up the difference in commodity quantity, refunding payment for
goods and service charges, or indemnity for losses;
8. infringing upon the personal dignity or the personal
freedom of the consumer;
9. other circumstances which infringe upon the rights
and interests of the consumers and which shall be penalized as provided by laws
and regulations.
Article 51
An operator who does not agree with the administrative
penalty decision may, within 15 days from the date of receiving the penalty
decision, apply for a reconsideration to the next higher organ. The operator
who does not agree with the reconsideration decision may, within 15 days from
the date of receiving the reconsideration decision, bring a suit to the
people's court; the operator may also directly bring a suit to the people's
court.
Article 52
Whoever uses such methods as violence or threaten to
hinder the functionary of the relevant administrative department from exercising
the duty of office according to law shall be investigated for criminal
responsibility according to law; whoever does not use such methods as violence
or threaten to refuse or hinder the functionary of the relevant administrative
department from exercising the duty of office according to law shall be
punished by the public security organ in accordance with the provisions of the
Regulations for Public Security Control and Punishment of the People's Republic
of China.
Article 53
Any functionary of the state organs who neglects his
or her duty of office or covers up the operator's act which infringes upon the
lawful rights and interests of the consumer shall be subject to the
administrative penalty by the unit to which the functionary belongs or the superior
organ; where the case is serious and constitutes a crime, criminal
responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 54
Means of production purchased and utilized by farmers
directly used in agricultural production shall be treated with reference to
this Law.
Article 55
This Law shall enter into effect as of January 1, 1994.