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What are duties of the competent judicial authorities to protect the lawful rights and interests of consumers?
(03/24/2008)

China¡¯s public security authority, prosecutorial authority and judicial authority undertake duties to provide legal protection for the rights and interests of consumers on behalf of the State, which is the final stage of the State protection, and shall penalize business operators, in accordance with laws and statutory regulations, for illegal and criminal acts that infringe upon the lawful rights and interests of consumers, especially for the following illegal and criminal acts of producing and/or selling false and/or inferior commodities:

(1) the production or sale of a commodity adulterated or mixed with improper elements, a fake commodity passed off as a genuine commodity, a commodity of poor quality as a so-called good quality commodity, or a sub-standard commodity used to imitate a standard commodity;

(2) the production or sale of spurious (fake) drugs to the extent where they may severely endanger consumers¡¯health;

(3) the production or sale of inferior drugs that severely endanger consumers¡¯health;

(4) the production or sale of food that does not comply with the statutory health standard to the extent where it may cause a serious food poisoning accident or other serious complaints due to a food cause;

(5) the mixing of toxic or noxious non-food raw materials into produced or sold food, or the sale of food mixed with toxic or noxious non-food raw materials which is known by sellers;

(6) the production of medical appliances and/or medical sanitation materials that do not comply with the national standards and/or trade standards that may assure human health, personal safety and/or property safety, or, the sale of those medical appliances and/or medical sanitation materials that do not comply with the national standards and/or trade standards that may assure the human health which are known by sellers, to the extent where serious damage has occurred;

(7) the production or sale of electrical appliances, pressure vessels, inflammable/explosive products and/or other products that do not comply with the national standards and/or trade standards that may assure personal safety and/or property safety, or the sale of those electrical appliances, pressure vessels, inflammable/explosive products and/or other products that do not comply with the national standards and/or trade standards that may assure personal safety and/or property safety which are known by sellers, to the extent where serious consequences have occurred;

(8) the production of spurious (fake) agricultural chemicals, veterinary medicines and/or chemical fertilizers, the sale of the spurious ineffective agricultural chemicals, veterinary medicines, chemical fertilizers and/or seeds which are known by sellers, or the production or sale of unqualified agricultural chemicals, veterinary medicines, chemical fertilizers and/or seeds, to the extent where serious consequences have occurred; or

(9) the production of cosmetics that do not comply with hygienic standards, or the sale of those cosmetics that do not comply with the hygienic standards which are known by sellers, to the extent where serious consequences have occurred.