国办发（1996）10号
（March 28， 1996）
颁布日期：19960328 　实施日期：19960328 　颁布单位：国务院办公厅

　　The Proposals on Cracking Down on the Illegal Activities of Producing and Selling Fake and Low-Quality Commodities， submitted by the State Economic and Trade Commission， the State Administration for Industry and Commerce and the State Bureau of Technological¹ Supervision²， have been approved by the State Council and are hereby transmitted to you. You are requested to implement³ it accordingly.

　　Proposals on Cracking Down on the Illegal Activities of Producing and Selling Fake and Low-Quality Commodities

　　Since 1992， various localities and relevant departments have seriously implemented⁴ laws and regulations on cracking down on the illegal activities of producing and selling fake and low-quality commodities， reinforced the action of cracking down on the illegal activities of producing and selling fake and low-quality commodities （hereinafter referred to as cracking down on fake and low-quality commodities）， and obtained temporary results. The situation that fake and low-quality commodities emerge constantly despite repeated prohibition⁵， however， has not been thoroughly⁶ rectified⁷ and the problem is even more serious in some localities， which has brought great harm to the interests of the state and the people and jeopardized⁸ the social stability. More resolute⁹ and effective measures， therefore， must be taken to crackdown on fake and low-quality commodities. The following proposals are hereby submitted for that purpose：

　　1. The General Demand of the Work of Cracking Down on Fake and Low Quality Commodities in the Ninth Five-Year Plan Period

　　The general demand of the work of cracking down on fake and low-quality commodities in the Ninth Five-Year Plan period： aiming at establishing a healthy and orderly market competitive mechanism¹⁰ and sound legislation system and thoroughly suppressing the illegal activities of producing and selling fake and low-quality commodities， taking laws and regulations as the basis， emphasizing cracking down on producing and selling fake and low quality medicines， food， farm-oriented industrial products and building materials， follow the division of responsibility， perform combined operations， strictly¹¹ enforce the law， intercept¹² the sources of fake and low quality commodities， rectify¹³ the market order， investigate and deal with major and important cases， reinforce the strength of the crackdown and promote the sustained， speedy and sound development of the national economy.

　　2. Six Key Points Which Need to Pay Attention in the Work for 1996 and Current Period

　　（1） Commercial Enterprises' Self-Inspection¹⁴ and Rectification¹⁵

　　All commercial enterprises， especially those with a sales volume up to 100 million yuan， shall， in accordance with relevant stipulations and standards， conduct a self-inspection and self-rectification upon all their commodities either in stock or on sale， with the emphasis on ferreting out commodities the indications of which fall short of the reality， which are inferior goods but passed off as good ones， or which are adulterated or of short weights. The offices of cracking down on fake and low-quality commodities in various localities shall， on the basis of enterprises' self inspections¹⁶ and rectification， organize a selective examination with a coverage¹⁷ not lower than 30% and the examination results published through news media. Commercial enterprises which are discovered， in the selective examinations， having sold fake or low-quality commodities with serious circumstances shall be dealt with strictly and given a heavier punishment， with the persons directly responsible and the persons in charge of the enterprises investigated for responsibility according to law.

　　（2） Continuing the Rectification of Various Commodity Markets

　　Devote major efforts to improving the market order， especially the markets with serious problems of selling fake and low-quality commodities shall be ordered to make rectification within a prescribed period. Markets failing to have an effective rectification shall be closed without exception， and the persons responsible shall be investigated for responsibility. The main contents of the rectification are： whether the market has been registered with the administrative¹⁸ department for industry and commerce； whether the commodities for sale have a certificate of conformity¹⁹， license²⁰ for the manufacture and name and address of the manufacturer； whether there is a department in charge of the market； whether the market has a supervisory and managerial organization or personnel； and other matters a locality considers necessary to straighten out. A supervision and control system shall be established and improved on the basis of rectification. Strengthen the supervision over regions joining town and country， commodity collecting and distributing centers and wholesale²¹ trading markets， and give a severe crackdown on nests of producing and selling fake and low-quality commodities.

　　（3） Rectifying²² Key Areas Within a Specified²³ Time

　　Some areas of Guangdong， Zhejiang， Hebei and Henan provinces shall be treated as key areas for the rectification within a specified time. People's governments of the four provinces shall work out their plan for the rectification within a specified time， defining the task and responsibility， and effectively accomplish the work of cracking down on fake and low-quality commodities. Other local people's governments shall also， in accordance with their local circumstances about the illegal activities of producing and selling fake and low-quality commodities， determine the key areas for the rectification with a specified time. The national office for cracking down on fake and low-quality commodities shall organize a selective examination in the form of either public observation or private investigation²⁴.

　　（4） Launching Special Crackdown on Seven Key Categories of Commodities

　　a. Investigate and deal with fake and low-quality medicines （including traditional Chinese and western prepared medicines， traditional Chinese herbal medicines and traditional Chinese medicinal materials）；

　　b. Investigate and deal with fake and low-quality farm-oriented industrial products such as chemical fertilizers， pesticides²⁵ and seeds；

　　c. Crack down on the illegal activities of cotton adulteration；

　　d. Investigate and deal with fake liquors， low-quality beverages²⁶， low quality salt and low-quality food；

　　e. Investigate and deal with fake famous-brand cigarettes；

　　f. Investigate and deal with fake and low-quality machinery²⁷ and electrical appliances； and

　　g. Investigate and deal with fake and low-quality building materials.

　　（5） Continuing the Investigation and Prosecution²⁸ of Major and Important Cases

　　Take the investigation and prosecution of major and important cases as an important means for promoting the work of cracking down on fake and low quality commodities. In addition to about ten cases determined²⁹ every year by the state to be dealt with as major and important ones， all provinces， autonomous³⁰ regions， municipalities directly under the central government and areas with a grave situation of producing or selling fake or low-quality commodities shall also choose some major and important cases every year， stick to them， carry the investigation to the finish， and give a heavier and prompt punishment according to law.

　　（6） Protecting According to Law the Legitimate³¹ Rights and Interests of Producers of Famous and Fine-Quality Products

　　Severely³² punish enterprises， groups and persons who produce or sell fake famous and quality products， strengthen the protection of famous and quality products. All localities and relevant departments shall， through the clues provided by producers of famous and quality products， conduct investigation， select and submit a number of cases of fake famous and quality products to the national office for cracking down on fake and low-quality commodities for national focal investigation， make unified³³ planning， perform regional cooperation， conduct the work separately and wage concentrated crackdown.

　　3. Adopting Effective Measures and Striving for Substantial Results

　　（1） Strengthening the Leadership and Defining the Responsibility

　　People's governments at all levels shall strengthen the leadership over the work of cracking down on fake and low-quality commodities， practically assume the responsibility. For developing in depth the work of cracking down on fake and low-quality commodities， the knowledge and determination of leaders of local people's governments at various levels， especially at the county（city） and township（town） levels are very important. It is demand that a target responsibility system shall be established level by level for the work of cracking down on fake and low-quality commodities， and the target responsibility for the rectification within a specified time shall be fixed³⁴ for the leaders of people's governments of key areas. In case of failure to attain³⁵ the rectification targets， the leaders of the local people's government shall be investigated for responsibility. Leaders who obstruct³⁶ the work of cracking down on fake and low-quality commodities， connive³⁷ at， support or cover up illegal activities of producing or selling fake or low quality commodities shall be given disciplinary sanctions or investigated for criminal responsibility. People's governments of all localities shall give strong backing to and ensure the funds for the work of cracking down on fake and low-quality commodities.

　　Competent authorities for all trades shall further strengthen the directions over the quality control of enterprises of their trade， help the enterprises establish and improve the quality guarantee system and self supervision and binding³⁸ mechanism， investigate and rectify the illegal activities of producing and selling fake and low-quality commodities conducted by enterprises of their trade， cooperate with relevant departments and localities to eradicate³⁹ the sources of the production and sale of fake and low-quality commodities. State commercial departments and supply and marketing⁴⁰ cooperatives shall make strict checks in commodities' purchasing， inspection and receipt， entering storage and sales， prevent fake and low quality commodities from flowing into main channels.

　　（2） Strictly Enforcing the Law and Augmenting⁴¹ the Strength of Work

　　With a view to strengthening the work of cracking down on fake and Low quality commodities， strictly enforcing the law and rectifying the situation in some localities and departments that the available laws are not observed， the enforcement of laws is not strict and criminal offenders⁴² are given administrative fines instead of criminal punishment， from now on， relevant administrative law-enforcing departments shall， when having discovered and seized fake or low-quality commodities， promptly⁴³ seal up the objects and places and tools used in committing the offenses⁴⁴ and， in accordance with law， notify banks without delay to block all accounts of the offending unit or person and， if the circumstances are serious with violation⁴⁵ of the criminal law， transfer the case to the judicial⁴⁶ organ for handling according to law， and no administrative fine may be substituted for the prosecution of criminal responsibility.

　　Where activities of producing or selling fake or low-quality commodities result in infringements⁴⁷ on rights of other people， the in fringer shall compensate⁴⁸ the party whose rights have been infringed⁴⁹ for the losses； if personal or property damages are caused， the in fringer shall compensate the victim for the losses.

　　Public servants， personnel of medical institutions， relevant personnel of state and collective enterprises and institutions and other persons engaging in official business who purchase fake or low-quality commodities and accept sales commissions or disguised sales commissions shall be strictly investigated and punished.

　　（3） Cooperating on the Basis of Division of Work and Taking Combined Action in Cracking down on Fake and Low-Quality Commodities

　　Further strengthen the organization and coordination⁵⁰ of the work of cracking down on fake and low-quality commodities. Relevant departments and units shall do their respective duties and make a concerted effort for tackling problems in a comprehensive way. Relevant administrative law enforcing departments shall， in accordance with their functions entrusted⁵¹ by relevant laws and regulations， conduct administration according to law and cooperate with judicial organs in the work of cracking down on fake and low quality commodities for improving the whole efficiency of the work.

　　Enterprises shall dare to and know how to use legal means to safeguard their own lawful⁵² rights and wage struggle against illegal activities. They may organize public and private investigations⁵³， provide law-enforcing departments with clues about producers and sellers of imitations of their products， and take concerted action in the work.

　　Depend on the strength of public organizations and various intermediary organizations， give full play to the roles of those organizations. Fully⁵⁴ arouse the masses and mobilize the whole society to participate in cracking down on fake and low-quality commodities.

　　All localities shall establish a system for informing against fake and low-quality commodities， encourage the masses to provide clues and take strict precautions against retaliation⁵⁵ upon the informers. Units and persons having made remarkable⁵⁶ contributions in informing against fake and low quality commodities shall be rewarded.

　　（4） Combining Elimination⁵⁷ with Prevention and Taking both Stopgap and Radical⁵⁸ Measures

　　Try to seek an effective method for supervising and controlling the market and speed up the formulation of relevant laws and regulations for prohibiting the illegal activities of producing and selling fake and low quality commodities.

　　Strengthen the examination and administration of and supervision over enterprises of various types. For current period， especially the individual businesses， private enterprises and township enterprises shall be put under strict supervision with regard to the quality of products. Enterprises which have not been registered shall be resolutely⁵⁹ banned.

　　Encourage producers of famous and quality products to adopt anti imitation technologies， and strengthen the supervision and control over the anti-imitation technologies and products.

　　Any unit or individual who makes various false quality marks such as trademarks⁶⁰， authentication⁶¹ marks， high-quality marks， food labels and licenses⁶² for the manufacture， etc. shall be revoked⁶³ of their business licenses and severely punished according to law.

　　Administrative departments for industry and commerce shall strengthen the supervision and control over advertising⁶⁴ activities， conduct strict examination on advertisement of medicines， food， medical apparatus⁶⁵ and instruments， pesticides and veterinary medicines， etc. and strictly forbid pushing the sale of fake and low-quality commodities by making false advertisement.

　　（5） Strengthening the Publicity⁶⁶ and Giving Proper Directions

　　Continue to give report and publicity to typical cases， give wide publicity to advanced experiences and enhance the whole nation's awareness⁶⁷ of legality， quality， fair competition and self-protection. Those who are bold in boycotting⁶⁸ fake and low-quality commodities and take active participation⁶⁹ in the struggle against the illegal activities of producing and selling fake and low-quality commodities shall be widely cited.

　　Further developing the work of cracking down on fake and low-quality commodities is an objective demand for maintaining the market order and keeping a proper relationship between the reform， development and stability， and is also of great importance to the effective protection of the people's immediate⁷⁰ interests. There has been a high voice from the masses appealing for cracking down on fake and low-quality commodities， and people place high hopes thereon. All localities and departments shall， in the spirit of holding high responsibility to the state and the people， reinforce the work， take active cooperation and make joint⁷¹ efforts to effectively accomplish the work of cracking down on fake and low-quality commodities and bring about a sustained， speedy and sound development in the national economy.

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