This country has formulated special legislation, which not only makes specific provisions on fraud, but also protects the legitimate rights of consumers. It is called "Measures for Punishment of Infringement on Consumer Rights and Interests". The full text is as follows: Article 1. In order to stop acts that infringe on consumers' rights and interests, protect consumers' legitimate rights and interests, and maintain social and economic order, these measures are formulated in accordance with the Consumer Protection Law and other laws and regulations. Article 2 The administrative department for industry and commerce shall, in accordance with the Law on the Protection of Consumers' Rights and Interests and these Measures, protect consumers' rights and interests in purchasing and using commodities or receiving services for their daily consumption needs, and impose administrative penalties on operators who infringe upon consumers' rights and interests. Article 3 The administrative department for industry and commerce shall, when imposing administrative punishment on acts infringing on consumers' rights and interests according to law, adhere to the principles of fairness, openness and timeliness, combine punishment with education, and comprehensively implement administrative guidance by means of suggestions, interviews and demonstrations, so as to urge and guide operators to fulfill their legal obligations. Article 4 When providing commodities or services to consumers, business operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, perform their obligations in accordance with the provisions of laws and regulations such as the Law on the Protection of Consumers' Rights and Interests, and shall not infringe upon the legitimate rights and interests of consumers. Article 5 A business operator shall not commit any of the following acts when providing commodities or services: (1) The commodities sold or the services provided do not meet the requirements for protecting personal and property safety; (two) the sale of invalid or deteriorated goods; (three) the sale of counterfeit origin, forgery or fraudulent use of other people's factory name, address, tampering with the production date of goods; (four) the sale of counterfeit or fraudulent use of certification marks and other quality marks; (five) the goods sold or the services provided infringe upon the exclusive right of others to use a registered trademark; (six) selling counterfeit or fraudulent use of the unique name, packaging and decoration of well-known commodities; (seven) adulteration, adulteration in the sale of goods, fake goods, shoddy goods, substandard goods as qualified goods; (eight) the sale of goods that have been explicitly eliminated and stopped by the state; (9) intentionally using unqualified measuring instruments or damaging the accuracy of measuring instruments when providing commodities or services; (10) defrauding consumers of prices or expenses and failing to provide goods or services as agreed. Article 6 Business operators shall provide consumers with true, comprehensive and accurate information about goods or services, and shall not engage in the following false or misleading propaganda acts: (1) They shall not provide goods or services with real names and marks; (two) using false or misleading commodity descriptions, commodity standards or physical samples to sell goods or provide services; (3) Making false or misleading on-site explanations and demonstrations; (four) deceptive sales induction by means of fictitious transactions, false bids, false comments or hiring others; (5) Selling goods or services at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices; (six) selling goods or services by means of false "prize sales", "repayment of principal sales" and "experience sales"; (7) falsely claiming that genuine products sell "defective products", "defective products" and "unqualified products"; (8) Exaggerating or concealing information such as quantity, quality and performance that is of great interest to consumers, and misleading consumers; (9) Misleading consumers by other false or misleading propaganda methods. Article 7 An operator shall not refuse or delay the measures taken by the administrative department for industry and commerce to stop selling or provide services for defective goods or services. If the operator fails to take measures in accordance with the requirements of ordering to stop sales or service notice and announcement, it shall be regarded as refusal or delay. Article 8 When providing goods or services, business operators shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, refunding the payment for goods and services or compensating for losses, and shall not deliberately delay or unreasonably refuse the legitimate demands of consumers. If the business operator has one of the following circumstances for more than fifteen days, it shall be deemed as intentional delay or unreasonable refusal: (1) the goods that have been legally recognized as unqualified by the relevant administrative departments have not been returned since the date when the consumer requests a return; (2) Refusing to perform the obligations of repairing, redoing, replacing, returning goods, making up the quantity of goods, returning payment for goods and services or compensating for losses without justifiable reasons from the date when the time limit stipulated by the state and agreed by the parties expires, or from the date when the consumer's requirements do not meet the quality requirements. Article 9 A business operator who sells goods by internet, television, telephone or mail order shall bear the obligation of returning goods without reason according to law, and shall not deliberately delay or refuse without reason. If the business operator has one of the following circumstances for more than fifteen days, it shall be deemed as intentional delay or unreasonable refusal: (1) the goods that are returned without reason have not gone through the return procedures since the date of receiving the consumer's request for return; (2) Refusing to return the goods on the grounds that the goods are not applicable and there is no reason to return them without the confirmation of consumers; (3) Refusing to return the goods on the grounds that the consumer has already unpacked the goods for inspection, which affects the integrity of the goods; (four) since the date of receipt of the returned goods, the price of the goods paid by the consumers has not been refunded without justifiable reasons. Article 10 When providing goods or services in advance, business operators shall clearly agree with consumers on the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability, etc. If the goods or services are not provided in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumers, and the interest on the advance payment and the reasonable expenses that the consumers must pay shall be borne. If there is no agreement on the refund, the refund amount shall be converted according to the calculation method beneficial to consumers. If the business operator makes a reasonable request for refund to the consumer, and explicitly indicates that it will not be refunded, or fails to refund for more than 15 days from the agreed effective period, or the consumer makes a request for refund without the agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal. Article 11 When collecting and using consumers' personal information, business operators shall follow the principles of legality, justice and necessity, clearly state the purpose, manner and scope of collecting and using information, and obtain the consent of consumers. Operators shall not commit the following acts: (1) collecting and using personal information of consumers without their consent; (2) divulging, selling or illegally providing the collected personal information of consumers to others; (3) Sending commercial information to consumers without the consent or request of consumers, or the explicit refusal of consumers. The personal information of consumers mentioned in the preceding paragraph refers to the information such as name, sex, occupation, date of birth, ID number, address, contact information, income and property status, health status and consumption status collected by business operators when providing goods or services, which can identify consumers independently or in combination with other information. Article 12 Terms, notices, statements and shop notices provided by business operators to consumers. In the format of the use of goods or services, consumers should be reminded of the contents that are of great interest to consumers in a conspicuous way, and explained according to the requirements of consumers. Provisions containing the following contents shall not be made: (1) Exempting or partially exempting operators from the responsibility of repairing, redoing, replacing, returning goods, supplementing the quantity of goods, returning payment for goods and services, and compensating for losses. (2) Excluding or restricting consumers' right to repair, replace, return goods, compensate for losses and obtain reasonable compensation such as liquidated damages; (3) Excluding or restricting consumers' right to complain, report and bring a lawsuit according to law; (4) Forcing consumers to buy or use commodities or services provided by them or their designated operators, refusing to provide corresponding commodities or services to consumers who do not accept their unreasonable conditions, or raising the charging standards; (five) agreed that the operator has the right to change or terminate the contract at will, limiting the right of consumers to change or terminate the contract according to law; (six) agreed that the operator has the right to interpret unilaterally or finally; (seven) other unfair and unreasonable provisions for consumers. Article 13 Operators engaged in the service industry shall not commit the following acts: (1) Operators engaged in providing services such as repair, processing, installation and decoration. Lying to consumers about their labor materials, intentionally damaging or stealing parts or materials, using parts or materials that do not meet the national quality standards or agreements, replacing parts that do not need to be replaced, or cutting corners and charging extra fees, thus harming consumers' rights and interests; (two) operators engaged in housing leasing, domestic service and other intermediary services provide false information or take deception, malicious collusion and other means to harm the rights and interests of consumers. Fourteenth operators have one of the circumstances stipulated in Articles 5 to 11 of these Measures, and if there are provisions in other laws and regulations, those provisions shall prevail; If there are no provisions in laws and regulations, the administrative department for industry and commerce shall punish it according to Article 56 of the Consumer Protection Law. Fifteenth operators in violation of the provisions of Article twelfth and Article thirteenth of these measures, and other laws and regulations, in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may issue a warning alone or concurrently, and impose a fine less than three times the illegal income but not exceeding 30,000 yuan at the maximum. If there is no illegal income, a fine of less than 1 10,000 yuan shall be imposed. Article 16 An operator who commits one of the acts listed in Items (1) to (6) of Article 5 of these Measures and cannot prove that he has not deceived or misled consumers is a fraudulent act. An operator who commits one of the acts in Items (7) to (10) of Article 6 and Article 13 of these Measures is a fraud. Seventeenth operators who are dissatisfied with the administrative punishment decision made by the administrative department for Industry and commerce may apply for administrative reconsideration or bring an administrative lawsuit according to law. Eighteenth violations of consumer rights and interests are suspected of a crime, the administrative department for Industry and Commerce shall, in accordance with the relevant provisions, be transferred to judicial organs for criminal responsibility. Nineteenth administrative departments for Industry and Commerce shall, in accordance with the provisions of laws, regulations and these Measures, record the administrative punishment on the operators' credit files, and announce it to the public in a timely manner through the enterprise credit information publicity system. Enterprises shall, in accordance with the provisions of the Provisional Regulations on Enterprise Information Publicity, timely announce relevant administrative punishment information to the public through the enterprise credit information publicity system. Twentieth industrial and commercial administrative law enforcement personnel who neglect their duties or shield operators from infringing on the legitimate rights and interests of consumers shall be given administrative sanctions according to law; Anyone suspected of committing a crime shall be transferred to judicial organs according to law. Article 21 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures. Article 22 These Measures shall come into force on March 20th, 20 15. 1March 996 15 The Measures for Punishment of Consumer Fraud promulgated by the State Administration for Industry and Commerce (Order No.50 of the State Administration for Industry and Commerce) shall be abolished at the same time.
Legal objectivity:
Article 50 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests shall stop the infringement, restore the reputation, eliminate the influence, make an apology and compensate for the losses if the business operator infringes on the personal dignity, personal freedom or personal information rights of consumers protected according to law. Article 51 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, if a business operator infringes upon personal rights and interests by insulting, slandering, frisking, infringing on personal freedom, etc., causing serious mental damage, the victim may request compensation for mental damage. Article 57 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. If a business operator provides goods or services in violation of the provisions of this Law and infringes on the legitimate rights and interests of consumers, which constitutes a crime, he shall be investigated for criminal responsibility according to law.