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Science management, respect market rule

Promote a superior quality service spirit

Make people the center
, the trustworthiness entertain guest

September 2, 1993 Eighth National People's Congress Standing Committee adopted at the Third Session
 
General Provisions
 
To safeguard the first of the socialist market economy, encourage and protect fair competition, and suppression of acts of unfair competition, protection of operators and the legitimate rights and interests of consumers, the enactment of the law.
The second of the operators in the market, should be adhered to a voluntary, equality, fairness, honesty and credibility of the principle of adherence to accepted business ethics.
This law of unfair competition, is the operator violates provisions of this law, the damage to other operators, the legitimate interests to disrupt social and economic order.
This law, the operator is engaged in the exploitation of commodities or services (hereinafter referred to commodities including services) legal persons, other economic organizations and individuals.
The third of the people's governments at all levels should take measures to prevent acts of unfair competition, unfair competition to create a favorable environment and conditions.
The people's governments above the county level industrial and commercial administrative departments to improper competition conduct supervision and inspection; Legal and administrative regulations from the other departments of supervision and inspection, in accordance with its provisions.
The fourth of the state to encourage, support and protection of all organizations and individuals to conduct unfair competition social supervision.
State organs and personnel shall not supported and harbored improper competition.
 
The second chapter of improper competition
 
The fifth of the operator is not following improper means engaged in market transactions, damage competitors :
(1) counterfeiting registered trademarks of others;
(2) unauthorized use of well-known commodity-specific names, packaging, interior decoration, or use similar goods with famous names, packaging, decorating, and caused others known commodity confused enable the purchaser to that of the well-known commodities;
(3) unauthorized use of other people's business name or names, soliciting others mistakenly think the merchandise;
(4) In the commodities forged or fraudulent use of certification marks, signs and other famous quality signs, false origin, the quality of commodities for misleading false said.
The sixth of the common law or other enterprises with exclusive status, the operator shall not limit others to buy their designated operators products to squeeze out other operators of fair competition.
The seventh of the government and its relevant departments shall not abuse of administrative powers, and limit others to buy their designated operator of goods, other operators to restrict legitimate business activities.
Government and its relevant departments shall not abuse of administrative power to restrict foreign goods entering the local market, the flow of goods or the local foreign markets.
The eighth of the operator is not using property or other means to engage in bribery or buying merchandise sales. In off-the-books covert units or give other personal kickbacks, bribery punished; The other units or individuals in the off-the-books secretly accepting rebates, punished for taking bribes.
Operators buy or sell a commodity that can be expressly to each other discounts and commissions to middlemen. Operators of discount to the other side, to an intermediary commission, it should be so recorded. Accept discount, commission operators must accurately recorded.
9 operators shall not use advertisements or other method of product quality and production components, performance, usage, producer, validity, etc. origin for misleading the false propaganda.
Advertising operator is not aware or should have known of the circumstances, agents, design, production, publication of false advertising.
The tenth of the operator is not using the following means of violating commercial secrets :
(1) theft, inducements, coercion or other illegal means to obtain the right to business secrets;
(2) disclosure, use or allow others to use items before obtaining the right to the business secrets;
(3) a breach of agreement or violate the rights of people to maintain commercial confidentiality requirements, disclosure, use or allow the use of their possession of trade secrets.
The third person knows or should know of the violations set forth in the preceding paragraph, acquisition, use or disclosure of trade secrets, as a violation of commercial secrets.
This article alleged trade secrets, is not known to the public, the right to bring economic interests as well as the rights and practicality to take security measures of technical information and business information.
Article 11 of the operator is not to squeeze out competitors for the purpose of below-cost sales prices of commodities.
With one of the following cases, and were not improper competition :
(A) Sale of perishable commodities;
(2) handling of the upcoming expiration of the validity or other commodities backlog of goods;
(3) seasonal price;
(4) repay the debts produce, the prices of commodities went out of business.
Article 12 operators selling products, and do not contravene the will of the purchase of goods or additional bundling other unreasonable conditions.
Article 13 of the operator is not engaged in a sales :
(1) using a crossword lied deliberately or designated staff deceived winning the prize for sales;
(2) the use of a sales tool to sell products detrimental;
(3) the prize draw-sales, the highest award amount over 5,000 yuan.
Article 14 of the operator is not fabricating and spreading false facts and the damage to business reputation competitors, product reputation.
The 15th of the tender shall not collusive tendering, citing or lowering prices.
Bidders and tender but not colluded with each other to squeeze out rivals fair competition.
 
The third chapter supervision and inspection
 
Article 16 above the county level supervision and inspection departments to improper competition, supervision and inspection can be conducted.
The 17th of the supervision and inspection departments in the supervision and inspection of improper competition, the right to exercise the following powers and functions :
(1) In accordance with the prescribed procedures were asked about the inspection operators, interested persons to prove that, and asked for proof materials or improper competition with the other information;
(2) on the replication and unfair competition acts on the agreement, books, documents, papers and records, business communications and other information;
(C) Inspection Act and the fifth of the acts of unfair competition relating to the property, when necessary, ordering the operators check the merchandise Note that the source and quantity of sales suspended, waiting for inspection, shall not transfer, concealment, destruction of the property.
The 18th of the supervision and inspection department staff supervision and inspection of improper competition, should show the inspection of documents.
The 19th of the supervision and inspection departments in the supervision and inspection of unfair competition acts, the inspection operators, and interested persons should prove to provide truthful information or circumstances.
 
The fourth chapter legal responsibility
 
20 operators had breached the provisions of this Law, to be against the operators of the damage should be held liable for compensatory damages, against the operators of the loss is difficult to calculate the amount of compensation for the infringement violations because of the infringement during the profits; And should bear against the operators by the investigation of the business those against their legitimate rights and interests of unfair competition acts to pay the reasonable costs.
The operation was against the legitimate rights and interests of unfair competition acts, the people's court to be sued.
Article 21 operators fake registered trademarks of others, the unauthorized use of other people's business name or names, forgery or fraudulent use of certification marks, signs and other famous quality signs, false origin, the quality of commodities for misleading false indicated, in accordance with the "People's Republic of China Trademark" "The People's Republic of China Law on Product Quality" of punishment.
Operators of unauthorized use of well-known commodity-specific names, packaging, interior decoration, or use similar goods with famous names, packaging, decorating, and caused others known commodity confused, mistakenly believe that the purchaser is the well-known commodity, and supervision and inspection departments should be ordered to stop the offense, no resumption of illegal income, according to the seriousness of an offense punishable by three times more than doubled from a fine; serious cases can revoke the business license; selling fake and shoddy goods, which constitute a crime, to be held criminally responsible.
Article 22 operators using property or other means of bribery to sell or purchase goods, which constitute a crime, to be held criminally responsible; Does not constitute a crime, and supervision and inspection departments under the circumstances punishable by more than ten thousand yuan of 200,000 yuan fine, the illegal income be confiscated .
Article 23 of the common law or other enterprises with a monopoly operators, and limit others to buy their designated operators products to squeeze out other operators of fair competition, provincial or municipal districts of the supervision and inspection departments should be ordered to stop the offense punishable under the circumstances to 50,000 yuan following on the 200,000 yuan in fines. The designated operators detrimental to sales of goods or overcharging of fees, supervision and inspection departments should be illegal income confiscated, according to the seriousness of an offense punishable by three times more than doubled from a fine.
第二十四条　经营者利用广告或者其他方法，对商品作引人误解的虚假宣传的，监督检查部门应当责令停止违法行为，消除影响，可以根据情节处以一万元以上二十万元以下的罚款。
Advertising operators, knowingly or should have known of the circumstances, agents, design, production, publication of false advertising, and supervision and inspection departments should be ordered to stop violations and the confiscation of illicit proceeds, according to the law and imposing fines.
The 25th violation of the provisions of the Act violated the 10th commercial confidentiality, supervision and inspection departments should be ordered to stop the offense punishable under the circumstances of over 10,000 yuan below 200,000 yuan in fines.
The 26th of the operators had breached Article 13 of the Act provides for a sales, supervision and inspection departments should be ordered to stop the offense punishable under the circumstances of 10,000 yuan and above 100,000 yuan fine.
Article 27 of the tender bid-rigging, citing or lowering prices; Bidders and tender who colluded with each other to squeeze out competitors with fair competition, which marked invalid. Supervision and inspection departments under the circumstances punishable by more than 10,000 yuan below 200,000 yuan in fines.