中华人民共和国进出口商品检验法(英)_法律英语

中华人民共和国进出口商品检验法(英)

文章来源：文章作者：发布时间：2007-07-24 01:28 字体： [大中小]　进入论坛

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Important Notice: (注意事项) 英文本源自中华人民共和国务院法制局编译，中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版)。当发生歧意时，应以法律法规颁布单位发布的中文原文为准。

This English document is coming from the LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS(1991.7) which is compiled by the Bureau of Legislative¹ Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy², the original version in Chinese shall prevail.

Whole Document (法规全文)

LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION³

(Adopted at the Sixth Meeting of the Standing⁴ Committee of the Seventh National People's Congress on February 21, 1989, promulgated⁵ by Order No. 14 of the President of the People's Republic of China on February 21, 1989, and effective as of August 1, 1989)

Contents

Chapter I General Provisions

Chapter II Inspection of Import Commodities

Chapter III Inspection of Export Commodities

Chapter IV Supervision⁶ and Administration

Chapter V Legal Responsibility

Chapter VI Supplementary⁷ Provisions

Chapter I General Provisions

Article 1

This Law is enacted⁸ with a view to strengthening the inspection of import and export commodities, ensuring the quality of import and export commodities, protecting the lawful⁹ rights and interests of the parties involved in foreign trade, and promoting the smooth development of China's economic and trade relations with foreign countries.

Article 2

The State Council shall establish an Administration for Import and Export Commodity Inspection (hereinafter referred to as the State Administration　for Commodity Inspection), which shall be in charge of the inspection of import and export commodities throughout the country. The local import and export commodity inspection authorities (hereinafter referred to as the commodity inspection authorities) set up by the State Administration for Commodity Inspection shall be responsible for the inspection of import and export commodities within areas under their jurisdiction¹⁰.

Article 3

The commodity inspection authorities and other inspection organizations designated by the State Administration for Commodity Inspection and the commodity inspection authorities shall, in accordance with the law, perform the inspection of import and export commodities.

Article 4

The State Administration for Commodity Inspection shall, in the light of the needs in the development of foreign trade, make, adjust and publish a List of Import and Export Commodities Subject to Inspection by the Commodity Inspection Authorities (hereinafter referred to as the List of Commodities).

Article 5

Import and export commodities which are included in the List of Commodities and import and export commodities subject to inspection by the commodity inspection authorities under other laws or administrative¹¹ rules and regulations must be inspected by the commodity inspection authorities　or inspection organizations designated by the State Administration for Commodity Inspection or the commodity inspection authorities. No permission shall be granted for the sale or use of import commodities specified¹² in the preceding paragraph until they have undergone inspection; and no permission shall be granted for the export of export commodities specified in the preceding paragraph until they have been found to be up to standard through inspection. Import and export commodities specified in the first paragraph of this Article may be exempted¹³ from inspection upon the examination and approval of an application from the consignee¹⁴ or consignor¹⁵ by the State Administration for Commodity Inspection.

Article 6

Inspection on import and export commodities performed by the commodity inspection authorities shall cover quality, specifications¹⁶, quantity, weight, packing and the requirements for safety and hygiene¹⁷. Import and export commodities governed by compulsory¹⁸ standards or other inspection standards which must be complied with as provided for by laws or administrative rules and regulations shall be inspected in accordance with such inspection standards; in the absence of such stipulations, import and export commodities shall be inspected in accordance with the inspection standards agreed upon in the foreign trade contracts.

Article 7

Import and export commodities or items subject to inspection by other inspection organizations under laws or administrative rules and regulations shall be inspected in accordance with the provisions of relevant laws or administrative rules and regulations.

Article 8

The State Administration for Commodity Inspection and the commodity inspection authorities shall collect information on the inspection of import and export commodities and make it available to the relevant circles.

Chapter II Inspection of Import Commodities

Article 9

For import commodities which are subject to inspection by the commodity inspection authorities in accordance with this Law, the consignee must register them with the commodity inspection authorities located at the port of discharge or the station of arrival. Import commodities which are included in the List of Commodities shall be checked and released by the Customs upon presentation of the seal of the commodity inspection authorities affixed¹⁹ to the Customs declaration.

Article 10

For import commodities which are subject to inspection by the commodity inspection authorities in accordance with this Law, the consignee shall apply to the same authorities for inspection in places and within the time limit specified by them. The commodity inspection authorities shall accomplish the procedures for inspection and issue an inspection certificate within the period of validity of claims prescribed in a foreign trade contract.

Article 11

If import commodities other than those which are subject to inspection by the commodity inspection authorities in accordance with this Law are found to be not up to the quality standard, damaged or short on weight or quantity, the consignee shall apply to the commodity inspection authorities for inspection and the issuance of an inspection certificate if such a certificate is necessary for claiming compensation.

Article 12

For important import commodities and a complete set of equipment in large size, the consignee shall, in accordance with the terms agreed upon in a foreign trade contract, conduct initial inspection or initial supervision over manufacturing or loading in the exporting country before shipment, while the relevant competent departments shall strengthen their supervision. The commodity inspection authorities may, when necessary, dispatch inspection personnel to take part in such inspection and supervision.

Chapter III Inspection of Export Commodities

Article 13

For export commodities which are subject to inspection by the commodity inspection authorities in accordance with this Law, the consignor shall apply to the same authorities for inspection in the places and within the time limit specified by them. The commodity inspection authorities shall accomplish the procedures for inspection and issue a certificate without delaying the prescribed time for shipment. Export commodities which are included in the List of Commodities shall be checked and released by the Customs upon presentation of the inspection certificate or the paper for release issued by the commodity inspection authorities or the seal of the same authorities affixed to the Customs declaration.

Article 14

Export commodities which have been inspected and passed by the commodity inspection authorities and for which an inspection certificate or a paper for release has been issued by the same authorities shall be declared for export and shipped out of the country within the time limit specified by the same authorities. Failing to meet the time limit shall entail²⁰ reapplication for inspection.

Article 15

An enterprise manufacturing packagings for dangerous export goods must apply to the commodity inspection authorities for a test of the performance of such packagings. An enterprise producing dangerous export goods must apply to the same authorities for a test of the use of packagings. No permission shall be granted for the export of dangerous goods kept in packagings which have not passed a test.

Article 16

For vessel²¹ holds or containers used for carrying perishable²² foods, the carrier or the organization using the containers shall apply for inspection before loading. No permission shall be granted for loading and shipment until the relevant conditions are passed by the inspectors²³.

Chapter IV Supervision and Administration

Article 17

The commodity inspection authorities may make a random²⁴ inspection of import and export commodities beyond those subject to inspection by the commodity inspection authorities in accordance with this Law. No permission shall be granted for the export of export commodities found to be substandard in a random inspection.

Article 18

The commodity inspection authorities may, when necessary, assign inspection personnel to manufacturers of export commodities which are included in the List of Commodities to take part in supervision over the quality inspection of export commodities before they leave the factory.

Article 19

The commodity inspection authorities may undertake the quality certification of import and export commodities on the basis of agreements signed between the State Administration for Commodity Inspection and the foreign bodies concerned or upon entrustment²⁶ by the foreign bodies concerned. They may permit the use of quality certification marks on import and export commodities which have been given quality certification.

Article 20

The State Administration for Commodity Inspection and the commodity inspection authorities shall, on the basis of the requirements in their inspection, entrust²⁵ competent inspection organizations at home and abroad with the inspection of import and export commodities after examining their qualifications.

Article 21

The State Administration for Commodity Inspection and the Commodity inspection authorities shall exercise supervision over the import and export commodity inspection conducted by the inspection organizations designated or approved by them and may make a random inspection of the commodities which have been inspected by such organization.

Article 22 The State shall, when necessary, institute a quality licence system for important import and export commodities and their manufacturers. The specific measures thereof shall be drawn²⁷ up by the State Administration for Commodity Inspection in conjunction with the relevant competent departments under the State Council.

Article 23

The commodity inspection authorities may, when necessary, place commodity inspection marks or sealings on import and export commodities proved to be up to standard through inspection.

Article 24

In case an applicant²⁸ for the inspection of import and export commodities disagrees with the results of inspection presented by the commodity inspection authorities, he may apply for reinspection to the same authorities, to those at the next higher level or to the State Administration for Commodity Inspection. The conclusion on reinspection shall be made by the commodity inspection authorities or the State Administration for Commodity Inspection which has accepted the application for reinspection.

Article 25

The commodity inspection authorities, the inspection organizations designated by them and other inspection organizations approved by the State Administration for Commodity Inspection may handle the business of superintending and surveying import and export commodities as entrusted²⁹ by parties involved in foreign trade or by foreign inspection bodies. The scope of business of superintending and surveying import and export commodities shall cover: inspection of the quality, quantity, weight and packing of import and export commodities; inspection of cargoes³⁰ with respect to general or particular average; inspection of container cargoes; damage survey of import cargoes; inspection of technical conditions for the shipment of exports; measurement of dead tonnage; certification of the origin or value of exports and other superintending and surveying services.

Chapter V Legal Responsibility

Article 26

Anyone who, in violation³¹ of the relevant provisions of this Law, purposely markets or uses import commodities which are included in the List of Commodities or subject to inspection by the commodity inspection authorities in accordance with other laws or administrative rules and regulations without having such commodities inspected, or purposely exports export commodities which are included in the List of Commodities or subject to inspection by the commodity inspection authorities in accordance with other laws or administrative rules and regulations without having such commodities inspected and proved up to standard shall be fined by the commodity inspection authorities. If the circumstances are serious and cause heavy economic losses, the criminal responsibility of the personnel directly responsible shall be investigated by applying mutatis mutandis the provisions of Article 187 of the Criminal Law. Anyone who, in violation of the provisions of Article 17 of this Law, purposely exports export commodities which have been found　substandard during a random inspection by the commodity inspection authorities, shall be punished in accordance with the provisions of the preceding paragraph.

Article 27

If the falsifying or remaking of the certificates or documents, seals or stamps, marks, sealings or quality certification marks for commodity inspection constitutes a crime, the criminal responsibility of the personnel directly responsible shall be investigated by applying mutatis mutandis the provisions of Article 167 of the Criminal Law; if the circumstances are minor³², the offender³³ shall be fined by the commodity inspection authorities.

Article 28

If a party refuses to accept the punishment decision of the commodity inspection authorities, he may, within 30 days of receiving the notice on the punishment, apply for reconsideration to the same authorities which have made the punishment decision, to those at the next higher level or to the State Administration for Commodity Inspection. If the party refuses to accept the decision on the reconsideration, he may, within 30 days of receiving the notice on the reconsideration decision, bring a suit nor complies with the punishment decision within the prescribed time limit, the commodity inspection authorities which have made the punishment decision shall apply to a court of law for compulsory execution.

Article 29

Any functionary³⁴ of the State Administration for Commodity Inspection or of the commodity inspection authorities or any of the inspection personnel of the inspection organizations designated by the State Administration for Commodity Inspection and the commodity inspection authorities who abuses his power, commits irregularities for the benefit of his relatives or friends, falsifies inspection results or fails to conduct inspection and issue a certificate within the time limit through dereliction shall, depending on the seriousness of the circumstances, be given administrative sanction, or his criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 30

The commodity inspection authorities and other inspection organizations shall collect fees according to relevant provisions for carrying out inspection or performing superintending and surveying services in accordance with the provisions of this Law. The procedures for collecting fees shall be drawn up by the State Administration for Commodity Inspection in conjunction with the competent departments under the State Council.

Article 31

Rules for the implementation³⁵ of this Law shall be formulated³⁶ by the State Administration for Commodity Inspection and shall come into force after being submitted to and approved by the State Council.

Article 32

This Law shall come into force as of August 1, 1989. The Regulations of the People's Republic of China on the Inspection of Import and Export Commodities promulgated by the State Council on January 28, 1984 shall be invalidated as of the same date.

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收听单词发音

1 legislative
n.立法机构，立法权；adj.立法的，有立法权的
参考例句：
Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。 Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

2 discrepancy
n.不同；不符；差异；矛盾
参考例句：
The discrepancy in their ages seemed not to matter.他们之间年龄的差异似乎没有多大关系。 There was a discrepancy in the two reports of the accident.关于那次事故的两则报道有不一致之处。

3 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。

4 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

5 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

6 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。

7 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

8 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

9 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。

10 jurisdiction
n.司法权，审判权，管辖权，控制权
参考例句：
It doesn't lie within my jurisdiction to set you free.我无权将你释放。 Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

11 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。

12 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

13 exempted
使免除[豁免]( exempt的过去式和过去分词 )
参考例句：
His bad eyesight exempted him from military service. 他因视力不好而免服兵役。 Her illness exempted her from the examination. 她因病而免试。

14 consignee
n.受托者，收件人，代销人；承销人；收货人
参考例句：
The consignee is decided according to the order of the shipper or the opening bank. 收货人是由托运人或开证行的指令决定。来自辞典例句 For Freight Collect shipments, the charge will be billed to the consignee. 若采取收件人付费方式，则费用由收件人支付。来自互联网

15 consignor
n.委托者；发货人；寄件人；交付人
参考例句：
A dead body of a male adult, a dead consignor, a target. 一具男人的尸体，一位死去的委托者，一个目标。来自互联网 Frozen plant of company many invest in, attract consignor thick as hail. 公司大量投资于冷冻设备，吸引货主纷至沓来。来自互联网

16 specifications
n.规格；载明；详述；（产品等的）说明书；说明书( specification的名词复数 )；详细的计划书；载明；详述
参考例句：
Our work must answer the specifications laid down. 我们的工作应符合所定的规范。来自《简明英汉词典》 This sketch does not conform with the specifications. 图文不符。来自《现代汉英综合大词典》

17 hygiene
n.健康法，卫生学（a.hygienic）
参考例句：
Their course of study includes elementary hygiene and medical theory.他们的课程包括基础卫生学和医疗知识。 He's going to give us a lecture on public hygiene.他要给我们作关于公共卫生方面的报告。

18 compulsory
n.强制的，必修的；规定的，义务的
参考例句：
Is English a compulsory subject?英语是必修课吗？ Compulsory schooling ends at sixteen.义务教育至16岁为止。

19 affixed
adj.[医]附着的，附着的v.附加( affix的过去式和过去分词 )；粘贴；加以；盖（印章）
参考例句：
The label should be firmly affixed to the package. 这张标签应该牢牢地贴在包裹上。 He affixed the sign to the wall. 他将标记贴到墙上。来自《简明英汉词典》

20 entail
vt.使承担，使成为必要，需要
参考例句：
Such a decision would entail a huge political risk.这样的决定势必带来巨大的政治风险。 This job would entail your learning how to use a computer.这工作将需要你学会怎样用计算机。

21 vessel
n.船舶；容器，器皿；管，导管，血管
参考例句：
The vessel is fully loaded with cargo for Shanghai.这艘船满载货物驶往上海。 You should put the water into a vessel.你应该把水装入容器中。

22 perishable
adj.（尤指食物）易腐的，易坏的
参考例句：
Many fresh foods are highly perishable.许多新鲜食物都极易腐败。 Fruits are perishable in transit.水果在运送时容易腐烂。

23 inspectors
n.检查员( inspector的名词复数 )；（英国公共汽车或火车上的）查票员；（警察）巡官；检阅官
参考例句：
They got into the school in the guise of inspectors. 他们假装成视察员进了学校。来自《简明英汉词典》 Inspectors checked that there was adequate ventilation. 检查员已检查过，通风良好。来自《简明英汉词典》

24 random
adj.随机的；任意的；n.偶然的(或随便的)行动
参考例句：
The list is arranged in a random order.名单排列不分先后。 On random inspection the meat was found to be bad.经抽查，发现肉变质了。

25 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

26 entrustment
[法]委托
参考例句：
The term of entrustment is divided into one-day five-day validity. 委托期限分为当日有效和五日有效。来自互联网 Chapter three discusses the bureaucratic group and the congressional entrustment of legislation. 第三章讨论官僚集团与国会立法权的委托。来自互联网

27 drawn
v.拖，拉，拔出；adj.憔悴的，紧张的
参考例句：
All the characters in the story are drawn from life.故事中的所有人物都取材于生活。 Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

28 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

29 entrusted
v.委托，托付( entrust的过去式和过去分词 )
参考例句：
He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。 She was entrusted with the direction of the project. 她受委托负责这项计划。来自《简明英汉词典》

30 cargoes
n.（船或飞机装载的）货物( cargo的名词复数 )；大量，重负
参考例句：
This ship embarked cargoes. 这艘船装载货物。来自《简明英汉词典》 The crew lashed cargoes of timber down. 全体船员将木材绑牢。来自《简明英汉词典》

31 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。

32 minor
adj.较小(少)的，较次要的；n.辅修学科；vi.辅修
参考例句：
The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。 I gave him a minor share of my wealth.我把小部分财产给了他。

33 offender
n.冒犯者，违反者，犯罪者
参考例句：
They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。 The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

34 functionary
n.官员；公职人员
参考例句：
No functionary may support or cover up unfair competition acts.国家官员不得支持、包庇不正当竞争行为。 " Emigrant," said the functionary,"I am going to send you on to Paris,under an escort."“ 外逃分子，”那官员说，“我要把你送到巴黎去，还派人护送。”

35 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。

36 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》

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