价格违法行为行政处罚规定_法律英语

价格违法行为行政处罚规定

文章来源：文章作者：发布时间：2007-05-29 03:27 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

(Approved by the State Council on July 10, 1999, promulgated¹ by the State Development and Planning Commission on August 1, 1999)
颁布日期：19990801 　实施日期：19990801 　颁布单位：国务院

　　Article 1 These Provisions are formulated² according to the relevant provisions of the Price Law of People's Republic of China (hereinafter referred to as Price Law) in order to penalize³ price-related unlawful practices according to law and protect lawful⁴ rights and interests of consumers and operators.

　　Article 2 The competent price control departments of the people's governments at or above the county level shall conduct supervision⁵ and inspection⁶ on price-related activities according to law, and make decides on the administrative⁷ penalties against price-related unlawful practices.

　　Article 3 Administrative penalties against price-related unlawful practices shall be decided⁸ by the competent price control departments of the local people's governments at the places where the price-related unlawful practices take place; if the competent price control department of the State Council stipulates⁹ that the administrative penalties shall be decided by the competent price control departments at higher levels, such stipulations shall prevail.

　　Article 4 If an operator, in violation¹⁰ of the provisions of Article 14 of the Price Law, commits any one of the following acts, he shall be ordered to make corrections, have his illegal earnings¹¹ confiscated¹², and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he shall be given a warning, and may also be fined not less than 30,000 yuan nor more than 300,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification¹³, or have his business license¹⁴ revoked¹⁵ by the administrative department of industry and commerce:

　　(1) colluding with others and control the market price, which impairs¹⁶ the lawful rights and interests of other operators and consumers.

　　(2) except the sale of fresh goods, seasonal¹⁷ commodities or old stock at reduced price according to law, dumping at price lower than cost in order to elbow out competitors or monopolize¹⁸ the market, which disturbs the normal order of production and operation and impairs the rights and interests of the state and other operators.

　　(3) in providing the same commodities or services, carrying out price discrimination against other operators with the same trade terms.

　　Article 5 An operator, in violation of the provisions of Article 14 of the Price Law, who forces up prices and pushes the prices of commodities to rise too highly by fabricating and spreading price- rising information, or inveigling¹⁹ consumers or other operators to transact²⁰ with him by employing fake or misleading price instruments, shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he shall be given a warning, and may also be fined not less than 20,000 yuan nor more than 200,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification, or have his business license revoked by the administrative department of industry and commerce.

　　Article 6 An operator, in violation of the provisions of Article 14 of the Price Law, who raises or depresses prices in disguised forms by selling or buying commodities or providing services by the means of driving up or down the rank, shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he shall be given a warning, and may also be fined not less than 10,000 yuan nor more than 100,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification, or have his business license revoked by the administrative department of industry and commerce.

　　Article 7 An operator who commits any one of the following acts by failing to implement²¹ government guided prices or government fixed²² prices shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he may be fined not less than 20,000 yuan nor more than 200,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification:

　　(1) setting down prices in excess of the floating range of government guided prices;

　　(2) setting down prices higher or lower than government fixed price;

　　(3) laying down prices for commodities or services the price of which are falling into the range of government guided prices or government fixed prices without any authorization²³;

　　(4) advancing or postponing²⁴ the implementation²⁵ of government guided prices or government fixed prices;

　　(5) laying down charging items or standards for charges by himself;

　　(6) increasing charging standards in disguised forms such as disintegrating²⁶ charging items, charging repeatedly and widening charging range;

　　(7) continuing to charge fees on the items that the government has abolished by formal decree;

　　(8) in violation of provisions, charging fees in disguised forms such as cash deposit or mortgage;

　　(9) providing services and charging fees in compulsion or in disguised compulsion forms;

　　(10) providing services not in conformity²⁷ with provisions but charging fees;

　　(11) other acts not implementing²⁸ the government guided prices or government fixed prices.

　　Article 8 An operator who does not implement legal price intervention²⁹ measures or emergency measures and commits any one of the following acts shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he may be fined not less than 40,000 yuan nor more than 400,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification:

　　(1) not excreting the system of price-raising declaration or of price-adjusting record;

　　(2) exceeding the range of price difference ratio or profit ratio;

　　(3) not implementing the prescribed check price or lowest protective price;

　　(4) not implementing the measure for centralizing price-setting authorities;

　　(5) not implementing the measure for freezing prices;

　　(6) other acts not implementing legal price intervention measures or emergency measures;

　　Article 9 If the operator mentioned form Article 4 to Article 8 is an individual, he may be fined not more than 50,000 yuan for his price-related unlawful practices without any illegal earnings.

　　Article 10 An operator, in violation of laws or regulations, who makes exorbitant³⁰ profits shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if the circumstances are serious, he shall be ordered to suspend the business for rectification, or have his business license revoked by the administrative department of industry and commerce.

　　Article 11 An operator who, in violation of the provisions on clear marking of prices, commits any one of the following acts shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than 5,000 yuan:

　　(1) not marking prices;

　　(2) not marking prices according to prescribed contents and forms;

　　(3) selling commodities at overcharged prices in addition to marked prices, or charging unmarked fees;

　　(4) other acts violating the provisions on clear marking of prices.

　　Article 12 Those who refuse to provide information that is necessary in price supervision and inspection or provide fake information shall be ordered to make corrections and given a warning; if no corrections are made by the expiration³¹ of the time limit, they may be fined not more than 50,000 yuan, the persons in charge directly responsible and the other directly responsible persons shall be imposed disciplinary sanctions.

　　Article 13 If the illegal activities of an operator are found to possess the following three conditions at the same time during price supervision and inspection, the competent price control departments under governments may order him to suspend the related business according to the provisions of Sub-paragraph 3 of Article 34 of the Price Law:

　　(1) the circumstances of the illegal activities are complex and serious, which may be given comparatively severe punishment upon investigation³²;

　　(2) the illegal activities will continue if the related business is not suspended;

　　(3) the illegal activities may influence the confirmation³³ of the illegal facts and other measures can not guarantee the inspection if the related business is not suspended.

　　When the competent price control departments under governments conduct price supervision and inspection, the law enforcement officials shall not be less than two, and they shall show their credentials³⁴ to the operators or persons concerned.

　　Article 14 Operators causing consumers or other operators to pay more money because of their price-related unlawful practices shall be ordered to have it returned within the time limit; and they shall be ordered to look for consumers or operators paying more money by publishing an announcement; the money that cannot be returned by the expiration of the time limit of the announcement shall be regarded and handled as illegal earnings.

　　Article 15 Operators falling under the conditions listed in Article 27 of the Administrative Penalty Law shall be punished lightly or given a lighter³⁵ punishment according to law.

　　Under any one of the following circumstances, operators shall be punished with severity:

　　(1) the price-related unlawful practices are serious or have great social influence;

　　(2) they are found in violation provisions in every inspection;

　　(3) forging, altering, transferring or destroying proofs;

　　(4) transferring the capital or commodities related to the price-related unlawful practices;

　　(5) other price-related unlawful practices that shall be punished with severity.

　　Article 16 If an operator disagrees with the punishment decision made the competent price control department under government, he shall firstly make an application for administrative reconsideration according to law; if he disagrees with the administrative reconsideration decision, he may file a suit in the people's court.

　　Article 17 If the fine is not paid by the expiration of the time limit, an additional fine shall be imposed at a rate of 3% the amount of the fine per day; if the illegal earnings is not paid by the expiration of the time limit, an additional fine shall be imposed at a rate of 0.2% the amount of the illegal earnings per day.

　　Article 18 As for the units and individuals that commit price-related unlawful practices listed in these Provision, if the circumstances are serious and they refuse to make corrections, in addition to the punishments that shall be imposed upon them according to these Provisions, the competent price control departments under governments may make public their price-related unlawful practices at their business places till they make corrections.

　　Article 19 Price law enforcement officials disclosing State secrets or operators' commercial secrets, or abusing their powers, neglecting their duties, practising favoritism for personal interests shall be investigated for criminal liabilities according to law if crimes are constituted; if no crimes are constituted, administrative sanctions shall be imposed upon them according to law.

　　Article 20 These Provisions take effect as of the date of promuulgation.

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收听单词发音

1 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

2 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

3 penalize
vt.对…处以刑罚，宣告…有罪；处罚
参考例句：
It would be unfair to penalize those without a job.失业人员待遇低下是不公平的。 The association decided not to penalize you for the race.赛马协会决定对你不予处罚。

4 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

5 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

6 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

7 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

8 decided
adj.决定了的，坚决的；明显的，明确的
参考例句：
This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。 There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

9 stipulates
n.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的名词复数 )；规定，明确要求v.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的第三人称单数 )；规定，明确要求
参考例句：
The trade contract stipulates for the settlement of balances in RMB. 贸易合同规定余额以人民币结算。来自《现代汉英综合大词典》 The contract stipulates for the use of seasoned timber. 合同上订明用干透的木料。来自辞典例句

10 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

11 earnings
n.工资收人；利润，利益，所得
参考例句：
That old man lives on the earnings of his daughter.那个老人靠他女儿的收入维持生活。 Last year there was a 20% decrease in his earnings.去年他的收入减少了20%。

12 confiscated
没收，充公( confiscate的过去式和过去分词 )
参考例句：
Their land was confiscated after the war. 他们的土地在战后被没收。 The customs officer confiscated the smuggled goods. 海关官员没收了走私品。

13 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

14 license
n.执照，许可证，特许；v.许可，特许
参考例句：
The foreign guest has a license on the person.这个外国客人随身携带执照。 The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

15 revoked
adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )
参考例句：
It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。来自辞典例句 A will is revoked expressly. 遗嘱可以通过明示推翻。来自辞典例句

16 impairs
v.损害，削弱( impair的第三人称单数 )
参考例句：
Smoking impairs our health. 吸烟会损害我们的健康。来自《简明英汉词典》 Almost anything that impairs liver function can cause hepatitis. 任何有损于肝功能的因素，几乎都会引起肝炎。来自辞典例句

17 seasonal
adj.季节的，季节性的
参考例句：
The town relies on the seasonal tourist industry for jobs.这个城镇依靠季节性旅游业提供就业机会。 The hors d'oeuvre is seasonal vegetables.餐前小吃是应时蔬菜。

18 monopolize
v.垄断，独占，专营
参考例句：
She tried to monopolize his time.她想独占他的时间。 They are controlling so much cocoa that they are virtually monopolizing the market.他们控制了大量的可可粉，因此他们几乎垄断了整个市场。

19 inveigling
v.诱骗，引诱( inveigle的现在分词 )
参考例句：
In practice, inveigling investigation is a kind of investigation action which is adopted extensively. 实践中，诱惑侦查是一种被广泛采用又极具争议的侦查行为。来自互联网

20 transact
v.处理；做交易；谈判
参考例句：
I will transact my business by letter.我会写信去洽谈业务。 I have been obliged to see him；there was business to transact.我不得不见他，有些事物要处理。

21 implement
n.(pl.)工具，器具；vt.实行，实施，执行
参考例句：
Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。 The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

22 fixed
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？ Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

23 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

24 postponing
v.延期，推迟( postpone的现在分词 )
参考例句：
He tried to gain time by postponing his decision. 他想以迟迟不作决定的手段来争取时间。来自辞典例句 I don't hold with the idea of postponing further discussion of the matter. 我不赞成推迟进一步讨论这件事的想法。来自辞典例句

25 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

26 disintegrating
v.（使）破裂[分裂，粉碎]，（使）崩溃( disintegrate的现在分词 )
参考例句：
As a poetic version of a disintegrating world, this one pleased him. 作为世界崩溃论在文学上的表现，他非常喜欢这个学说。来自辞典例句 Soil animals increase the speed of litter breakdown by disintegrating tissue. 土壤动物通过分解组织，加速落叶层降解的速度。来自辞典例句

27 conformity
n.一致，遵从，顺从
参考例句：
Was his action in conformity with the law?他的行动是否合法？ The plan was made in conformity with his views.计划仍按他的意见制定。

28 implementing
v.实现( implement的现在分词 )；执行；贯彻；使生效
参考例句：
-- Implementing a comprehensive drug control strategy. ――实行综合治理的禁毒战略。来自汉英非文学 - 白皮书 He was in no hurry about implementing his unshakable principle. 他并不急于实行他那不可动摇的原则。来自辞典例句

29 intervention
n.介入，干涉，干预
参考例句：
The government's intervention in this dispute will not help.政府对这场争论的干预不会起作用。 Many people felt he would be hostile to the idea of foreign intervention.许多人觉得他会反对外来干预。

30 exorbitant
adj.过分的；过度的
参考例句：
More competition should help to drive down exorbitant phone charges.更多的竞争有助于降低目前畸高的电话收费。 The price of food here is exorbitant. 这儿的食物价格太高。

31 expiration
n.终结，期满，呼气，呼出物
参考例句：
Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗? This contract shall be terminated on the expiration date.劳动合同期满，即行终止。

32 investigation
n.调查，调查研究
参考例句：
In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。 He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

33 confirmation
n.证实，确认，批准
参考例句：
We are waiting for confirmation of the news.我们正在等待证实那个消息。 We need confirmation in writing before we can send your order out.给你们发送订购的货物之前，我们需要书面确认。

34 credentials
n.证明，资格，证明书，证件
参考例句：
He has long credentials of diplomatic service.他的外交工作资历很深。 Both candidates for the job have excellent credentials.此项工作的两个求职者都非常符合资格。

35 lighter
n.打火机，点火器；驳船；v.用驳船运送；light的比较级
参考例句：
The portrait was touched up so as to make it lighter.这张画经过润色，色调明朗了一些。 The lighter works off the car battery.引燃器利用汽车蓄电池打火。

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