Happy Bear Tags: twenty-eighth twenty-fourth operation and management of public interests variety of categories: Law Enforcement Concepts Chapter II implementing body and Scope (Two) applications are not covered by the administrative department for industry and commerce statutory remit shall not be accepted, and the reasons; asic (A) the administrative relative person expressly rejects the administrative guidance, withdraw the application or request to stop administrative asic guidance; Article XX major industrial and commercial administrative organs to implement administrative guidance, should guide the implementation of the administrative necessity, legitimacy, feasibility analysis, and industrial and commercial administrative organs responsible person or administrative guidance governing bodies for approval.
Happy Bear reproduced 2013 315 Consumer sneakers addict Protection Day, the author of complaints and reports of the way to the mountain in Changsha City Industry and Commerce Administration Bureau mailed a "complaint (Report) letter," the complaint for the author on September 23, 2012 in their jurisdiction era city Renrenle Commercial Co., Ltd. business premises consumption of 539.9 yuan goods 480 yuan, "jujube berries," and found that the food a serious violation of national food safety standards sneakers addict and "Food Safety Law." Loading, please wait ...... About Sina | About Sina | Advertise | Contact Us | Jobs | website lawyer | SINA English | Member Registration | Product Q & A
Hulman Di Hongying rifle Industrial and commercial administrative agua de coco organs administrative penalty procedures taught information (substantive agua de coco and procedural law in accordance with the legal provisions governing the different law for the standard while the classification agua de coco is based on provisions of substantive law and the determination of rights and obligations, or the legal authority and responsibility based. such as: civil, criminal, administrative, etc.; procedural law is to ensure that the rights and obligations agua de coco met or authority and duties to fulfill the legal procedures relating mainly, agua de coco such as: Administrative Punishment Law, the Administrative Licensing Law, etc.; substantive and procedural The classification method main aspects of its terms, they also exist between some cross, substantive law may also involve a number of procedural requirements, procedural law may also have some related to the rights, duties and powers, duties, etc. entity content requirements. In regard to substantive law and procedural law on the question of the relationship between, mainly in the following three perspectives: First, the substantive law determines agua de coco procedural law. That is, the first substantive law, procedural law Secondly, procedural law to serve substantive law, procedural law is to achieve substantive law of tools and instruments. This is a very traditional agua de coco view, is actually made of Marx's assertion (Marx pointed out: "judicial proceedings and legal relationship between the two so closely, like the appearance of plants agua de coco and plant contact, animal contact agua de coco shape and flesh the same. trial procedures and laws should have the same spirit as the legal proceedings only form of life and, therefore, the performance of the legal inner life "). In view of this kind under the auspices of the content and purpose of the substantive law, procedural law is the form and means of procedural law determines agua de coco the substantive law, procedural law and substantive law attached to exist. This is a typical procedure instrumentalist reflection. Second, the procedural law and substantive law as if a car two "wheels." This classic formulation is a Japanese scholar and son discussion. He said: "Act as if the substantive law and form of the two wheels of a car, all work on the lawsuit, can not exist between them master-slave relationship." That, "the shadow of the program is not an entity, but can make substantive criminal landscaping or demonize agua de coco independent power "," concept in the understanding, people have been a vassal of the program dependent entity steering both procedural and substantive, "the two are not mutually dependent, and common development. Three procedural law is the substantive law is the mother (Japanese Taniguchi Anping). "Taste test developed national laws of the tracks, procedural law and substantive law often occur first," "primitive society without substantive law concepts, community representatives to resort to some kind of supernatural power to settle agua de coco disputes is to rely on the so-called judicial procedures." Create substantive law procedural law, substantive law arising from the procedural law, "either from the reality sense, or as a purely theoretical question, or based on historical facts, we can say that before the procedural law with the substantive law, or substantive law says lawsuits have formed agua de coco as the significance of the mother. agua de coco " Therefore, the program has a separate intrinsic excellent quality, the program's value has nothing to do with the results of their formation. In view of the above three, I agree with the principle of third view, because the first view emphasizes the decisive role of substantive law, procedural law ignores the intrinsic value into the "heavy entity, light program" errors; second Although the view to see the importance of procedural law, but the procedural law and substantive law relationship did not make a correct analysis; third view restored procedural law and substantive law relationship of the original, which establishes procedural law for the independent status of play The true role of procedural law, is of great significance. I think it can be seen from the two sentences the importance of procedural law, namely, "the modern legal system, the program first", "Program is a physical protection." Reasons: First, the procedural law constitutes a separate law on the other side of justice. Substantive justice is only half of a face, aging and aging identified at least in principle, is a procedural issue, the law is no eternal justice, law protected agua de coco only ever be given time substantive rights; law nor eternal responsibility, more than a certain amount of time, the responsibility will be gone. For example, China Administrative Punishment Law provides for accountability of offenders aged for two years. Second, the program establishes specific substantive justice. No program, established by the substantive law justice will not become a reality, the idea that "By the judgment to confirm the rights already existed before judgment agua de coco is actually not the right idea, it would be right to say that the judgment created by the more logical" { (Japan) Taniguchi Ping: "Program of Justice and v. France"}. The same is true of administrative procedures, the specific substantive rights of the parties, agua de coco if not through freely available, it can only be through the legal process recognized by the law enforcement agencies discretion. Such as administrative licensing procedures to establish the eligibility of the applicant engaged in specific behaviors; Again "Product Quality Law" stipulates that the sales value of substandard goods are punishable by more than three times the amount of 50% of the fine, but it can not determine a specific time, location or circumstances selling substandard goods shall be subject to many fine people, and only in the specific program and commercial authorities through various aspects agua de coco of investigation, considering the various factors to determine specifically how much to give the person a fine, such as $ 5,000 penalty, Obviously, this 5,000 yuan punishment "justice" is done by the administrative procedure. Therefore, we must seriously study administrative penalty procedures, ie 28 orders, firmly establish the awareness program, a correct understanding of the importance of the program, strictly in accordance with established procedures, in order to achieve agua de coco proper procedures (African-American leader Martin Luther King had a famous saying: Any person who can not be evil means to achieve a better purpose because, the means is the seed, the purpose of the tree). Generally, administrative procedures agua de coco is the way administrative acts, methods, procedures, sequence and timing. (Note: See Haocai should Songnian editor: "Administrative Law"). National Bureau attaches great importance to the construction agua de coco industry and commerce administrative enforcement procedures, has issued a large number of regulations on industrial and commercial administrative enforcement procedures to regulate. Only from the point of view of administrative punishment procedures, as early as December 24, 1993, SAIC issued Decree on to 18 "industrial agua de coco and commercial administrative organs administrative penalties procedural requirements (Trial)", a total of 11 chapters 76, the industrial and commercial administrative penalty program specification. "Administrative Punishment Law" after the introduction (March 17, 1996 the Eighth National People's Congress passed agua de coco the fourth meeting of March 17, 1996 The People's Republic of China, promulgated by Decree No. 63 of October 1, 1996 into effect), in order and the "Administrative Punishment Law" Adaptation, SAIC Decree on 18 was amended October 17, 1996, with 58 orders agua de coco promulgated the "Administrative Punishment industrial and commercial administrative organs provisional rules of procedure," a total of 10 chapters 79, both issued Decree 59 "industrial and commercial administrative organs provisional rules of administrative punishment case hearing." 58 orders, 59 orders promulgated 10 years, the industrial and commercial administrative punishment for the specification, promoting administration agua de coco according to law and building the rule of law business, played an important role. In recent years, to meet the economic, social and legal system construction and development needs, September 4, 2007, the State Bureau of Industry and Commerce Administrative Punishment procedural agua de coco requirements be revised once again, promulgated the "industrial and commercial administrative organs of the procedural requirements of administrative punishment" (9 chapters 90 ), "industrial and commercial administrative organs administrative penalty case hearing rules", ie 28 orders, 29 orders, agua de coco this is what we want to investigate cases comply with basic procedural requirements. Among them, the "Administrative Punishment procedural requirements." One function of jurisdiction. Specify which violations investigated by the business agua de coco sector, namely the division of competences between different departments. Provincial Bureau regulations in July 1 this year through the OA system issued a "commercial administrative authority directory of administrative punishment", the business sector specific violations can be investigated, column 1016 species, but according to laws and regulations and the "Provisional Regulations on Business Administration "requirement, summed up, the business department of the cases, mostly unlicensed, unfair competition, trademark, advertising, contracts, consumer agua de coco protection, monopoly, agua de coco circulation product quality, marketing outlets and so on. The second is the area of jurisdiction. Provides the same level of rights violations industrial and commercial department division. Administrative penalties by the offense took place in the industrial and commercial administrative authorities above the county level under the jurisdiction of the laws, administrative regulations except as otherwise provided. Note that the new section 8 states: on the use of radio, film, television, newspapers, periodicals, the Internet and other media publish illegal acts impose administrative penalties advertising by advertisers local industrial and commercial administrative organs of jurisdiction. Advertisers jurisdiction of local industrial and commercial administrative organs offsite advertisers, advertising operators have difficulties, you can advertisers, advertising operators of the illegal transfer case advertisers, advertising operators and local industrial and commercial administration agua de coco authorities. Six is the transfer of jurisdiction. Between the business sector on the lower level required Jurisdiction adjustments and modifications. Higher commercial administrative organs that can be directly investigated necessary subordinate commercial administrative organs under the jurisdiction of cases, you can also transfer the cases under their jurisdiction subordinate commercial administrative organs agua de coco of jurisdiction. Laws and administrative regulations should be clearly defined case by the higher industrial and commercial administrative organs under the jurisdiction of the superior industrial and commercial administrative organs shall remit the case to the jurisdiction agua de coco of the lower commercial administrative organs (such as monopolies, public enterprises restrict competition cases). Lower industrial and commercial administrative organs that should be the case under its jurisdiction are significant, difficult cases, or due to special reasons, difficult to handle, and can 报请上一级 commercial administrative organs to determine jurisdiction. First, apply the body. According to Article 28 Decree No. 86, 87, at or above the county level and Commerce Administration and law enforcement powers of an independent industrial and commercial administration bureau, the team, the other to impose administrative penalties, the application of this requirement. Where: Administration for Industry and Commerce at or above the county level is an independent law enforcement powers of the State Administration, provincial, municipal and county levels and Commerce Administration; Branch refers cities of the City Administration established branch [" State Council on the adjustment of industrial and commercial cities of the administrative system of the notice "(Guo Ban Fa [1994] No. 67) and the State Council on December 5, 1995 to the State Administration for Industry and Commerce of the" State Council on the cities of Industry and Commerce administrative branch of law enforcement authority answers to the questions agua de coco "(State Office letter [1995] No. 59), you can make specific administrative act in its name, with independent enforcement powers]; Trade and Industry press the" industrial and commercial administration agua de coco Ordinance "provides the required within the competence vested with independent enforcement powers; peer is specialized branch of law enforcement agencies, on the other, as long as the 1996 implementation of the "Administrative Punishment Law" clean-up still has the right to an independent law enforcement agency, but also the law enforcement body. The general agua de coco procedure for administrative penalties, also known as the ordinary procedure, the administrative department for industry and commerce survey, the most commonly used treatment agua de coco violations, the most important disciplinary procedures. It is illegal facts or circumstances are more complicated the more serious agua de coco offense, give statutory, administrative penalties heavier penalty procedures to use when. According to the provisions of Decree 28, a total of four 44, the main points ten steps away, one to determine jurisdiction, and second filing, third investigation, four are intended end of the investigation report, the five nuclear trial, six are told, seven are decided that eight penalty decision is issued, the implementation of nine, ten is archive the. Industrial and commercial administrative penalty the general procedure, personal understanding can be divided into filing, investigation and evidence collection, decisions, perform four stages two to see if there is jurisdiction. This is our first issue to be considered. Pay attention to two issues: First, whether the industrial and commercial administrative organs have jurisdiction, and second, whether the authorities have jurisdiction. This contains a functional agua de coco jurisdiction, territorial jurisdiction and level of jurisdiction issues. Do not belong to the scope of industrial and commercial administrative authority, shall be transferred to the right to competent agua de coco authority; belong to the scope of industrial and commercial agua de coco administrative authority should agua de coco also consider whether the agency has jurisdiction. For example the use of radio, film, television, newspapers, periodicals, the Internet and other media release behavior of illegal advertising by advertisers jurisdiction of local industrial and commercial administrative organs, which is territorial jurisdiction issue. Public enterprises or other operators having monopolistic status according to law to limit competition violations by the provincial or district under the jurisdiction of City of Industry, foreign illegal registration provisions of the act, or by the State Administration of Industry agua de coco and Commerce Administration Bureau under the jurisdiction of such authorization, which is the level of jurisdictional agua de coco issues. 3, the filing deadline. Administration of Article 17 of Decree 28 industrial and commercial administrative organs shall receive complaints, appeals, reports, other authorities transferred, assigned by the higher authorities of the material from the date of 7 working days to be verified, and decide whether to initiate; special circumstances may be extended to 15 working days to decide whether to file the case. This is a second way was found through the source of filing time limit. agua de coco Then, through the first pathway, which discovered the source case ex officio whether to comply with time limits for filing it? 28 Decree shall not be clear, because the "Administrative Punishment Law" does not require the deadline for handling and filing is the deadline for handling the starting point. But in practice through supervision and inspection powers for the investigation found violations shall be promptly filed with reference to comply with the time limits placed on file. About filing body, the National Bureau of the original there is a special requirement. National Bureau GongShangQiZi [1998] agua de coco No. 285 document, business-word [2000] No. 42 document stipulates that revocation is not batch of enterprises participating inspection, individual businesses and business license of cases, for the same case, the fact is simple, consistent with applicable laws and regulations, a large number of which can take a number of a file, list attached, unified archiving practices. However, GongShangQiZi [1998] No. 285 document, agua de coco the word has been General Business Law [2004] No. 98 document abolished, agua de coco while the industrial and commercial word [2000] No. 42 document is still valid. Should be noted that the actual operation. 5, the filing process. & N
Quibble Goalkeeping old crane 2, the administrative penalty decision of the text: Press the penalty decision issued font filled; 7, the evidence: A, the parties or their agents inquiry transcripts and provided with a statement of case-related materials; B, the parties subject eider qualification certification materials [Unit: business license, business legal entity eider certificates, pre-approval certificate individuals: eider proof of citizenship, individual industrial and commercial business license, etc.]; C, evidence of replication (extract) single [involving acts or items related to G | sales records, accounting, financial records, pictures, etc.]; eider D material witness testimony [material containing the identity of witnesses]; E conclusions [including sampling forensics recording]; F-site and on-site inspection record pictures material; eider G inspections transcripts; H, ordered a correction eider notice; I, reminders. [G, H, I will put this as evidence] 9, the administrative penalty cases related matters approval form [transfer suspected criminal approval]; 1, respectively, from a deputy volume serial number eider beginning; deputy volume page number is connected; [Send comments] comment Loading, please wait ...
Ye Tan Guo Shi Liang second prohibits operators in economic activity a monopoly agreement. Article VI prohibits operators have a competitive relationship between restricting the purchase of new technology, new equipment or the development of new technologies, new products following agreements: Commercial administrative organs to determine the specific amount of the fine, you should consider the nature of the offense, the circumstances, extent, duration and other factors.
Operations of this Spring Commentary Commercial administrative organs in accordance with mandatory measures and penalties assembly 1, the State Council on strengthening food and product safety supervision and management of special provisions: ear plugs Article producers and traders shall their production and sales of product safety responsibility, not the production, sales do not meet the statutory requirements products. Article XV of agriculture, health, quality inspection, commerce, industry and commerce, medicine and other regulatory authorities to fulfill their respective product ear plugs safety supervision and management responsibilities, have the following powers: (a) to enter production establishments implement on-site inspection; (two) inspection, copying, seizure, detention related contracts, bills, books and other relevant information; (three) seizure, detention does not meet the statutory requirements of the product, illegal use of raw materials, ingredients, additives, agricultural inputs and for the illegal production of tools, equipment; ( four) seizure of harm to human health and life there is a significant safety hazard for production and operations. Third production ear plugs operators should their production and sales of product safety responsibility, not the production, sales do not meet the statutory requirements. In accordance with laws, administrative regulations, ear plugs production and sale of products need to obtain required licenses ear plugs or need to be certified, it shall be in accordance with the statutory conditions and requirements engaged in production activities. Not in accordance with the statutory conditions, requiring engaged ear plugs in production ear plugs activities or production, sales do not meet the statutory requirements of the product, from the agriculture, health, quality inspection, commerce, industry and commerce, medicine ear plugs and other regulatory authorities in accordance with their respective responsibilities, confiscate the illegal income, products, and for illegal production of tools, ear plugs equipment, raw materials and other items, the total value of less than 5,000 yuan, a fine of 50,000 yuan fine; total value of more than 5,000 yuan less than 10,000 yuan, a fine of 100,000 yuan fine; total value of 10,000 yuan, a fine of more than 10 times the value of 20 times the amount of a fine; causing ear plugs serious consequences, according ear plugs to the original issuing department shall revoke the license; constitute a crime of illegal business operations or production, marketing and shoddy goods crime and other crimes shall be prosecuted for criminal responsibilities. Production operator no longer meets the statutory conditions, requirements, continue to engage in production and business activities, according to the original issuing department shall revoke the license, and in the local major media announcement or licenses revoked list of the production ear plugs and operation; constitute a crime of illegal business or production , selling shoddy goods crime and other crime, be held criminally responsible. According to law to obtain required licenses to obtain required licenses without ear plugs engaging in production and business activities, ear plugs from agriculture, health, ear plugs quality inspection, commerce, industry and commerce, ear plugs medicine and other regulatory authorities in accordance with their respective responsibilities, confiscate the illegal income, products and tools for the illegal production, equipment, raw materials and other items, the total value of less than 10,000 yuan, a fine of 100,000 yuan fine; total value of more than 10,000 yuan, a fine of more than 10 times the value of 20 times the amount of a fine; constitute the crime of illegal business be held criminally responsible. The relevant industry associations should strengthen self-discipline and supervise the production operator production activities; strengthen ear plugs the popularization of knowledge of public health, advocacy, and guide consumers to choose legitimate producers and traders production and sales of products, and there are legitimate identification products. Article sellers must establish and implement a system ear plugs of inspection and acceptance, certification supplier management qualifications, experience certificates of qualified products and product identification, and the establishment of product purchase ledger, accurately record the product name, specifications, ear plugs quantity, supplier ear plugs and their contact information, purchase time and so on. Engaged in product wholesale business selling enterprise shall establish product sales ledger, accurately record the wholesale product variety, size, quantity, flow and so on. In the centralized trading establishments selling homemade products production enterprises shall mutatis mutandis ear plugs in product wholesale sales businesses shall perform the obligation to establish product sales ledger. Purchase ledger and sales ledger shall be kept for less than 2 years. The seller shall be to suppliers in accordance with the production batch request meets the statutory requirements inspection ear plugs agency inspection reports issued or signed or sealed by the supplier of the copies of inspection reports; unable to provide inspection reports ear plugs or copies of inspection reports of the products, ear plugs may not be sold. Violation of the above provisions, the industry and commerce, ear plugs drug supervision and administration department in accordance with their respective duties ordered to stop selling; unable to provide inspection reports or copies of inspection reports sales of products, confiscate the illegal income and illegal sales of products, and impose the amount of three times the value of fine; causing serious consequences, according to the original issuing department shall revoke the license. Article 6 The centralized trading market to start a business, product management counters rental business, product fairs organized enterprises, should be reviewed by the admission sales business qualifications, a clear admission of sellers of products safety management ear plugs responsibilities, regular admission sales 's business environment, conditions, internal security management system and business products meets the statutory requirements for inspection and found that sales do not meet the statutory requirements of the product or other illegal acts, it shall promptly stopped and immediately report to the local administrative department for industry and commerce. Violates the previous ear plugs paragraph, the administrative department for industry and commerce shall be fined 50,000 yuan shall be imposed; circumstances are serious, shall be ordered to suspend business for rectification; causing serious consequences, revocation of business licenses. Article IX producers find their products there are security risks, possible health and life safety causes harm to the public information should notify the seller to stop selling, inform consumers stop using voluntary recall of products, and For supervision and management department reports; sellers should immediately stop selling the product. Sales of products have found their sales there are security risks, possible health and safety damage, it shall immediately stop selling the product, informing producers or suppliers to the relevant regulatory authorities. Manufacturer and marketer of non-performance of its obligations under the preceding paragraph, the agriculture, health, quality inspection, commerce, industry and commerce, medicine and other regulatory authorities in accordance with their respective responsibilities, and ordered manufacturers ear plugs to recall products, sellers stop selling goods and impose on producers the amount of three times the value of the fine imposed on the seller more than 1,000 yuan 50,000 yuan shall be imposed; causing serious consequences, according to the original issuing department shall revoke the license. 2, Product Quality Law, Article XVIII product quality supervision departments above the county level has been made illegal ear plugs under suspicion or evidence ear plugs report suspected ear plugs breaches of this law the conduct of investigation, may exercise the following powers: (a) right alleged violation of the provisions ear plugs of the parties engaged ear plugs in production and sales activities, to perform on-site inspections; (two) to the parties of the legal representative, ear plugs responsible person and other relevant personnel ear plugs investigation, understanding ear plugs and suspected violation of this production, sales activities situation; (three) examine and copy relevant parties to contracts, invoices, account books and other relevant information; (four) right there under the protection of the human body that does not comply with health and personal and property ear plugs safety of the national standards, industry-standard products or have other serious quality problems of products, as well as direct for the production and sale of such products, raw materials, packaging materials, production ear plugs tools, ear plugs is subject to seizure or seizure. Commercial administrative departments above the county level in accordance with its responsibilities under the State Council, the scope of the suspected violation of this law the conduct of investigation, may exercise the powers of the preceding paragraph. Article 24 Article VII of this Ordinance behavior, organization planning ear plugs pyramid schemes, the administrative department for industry and commerce confiscate illegal property, confiscate the illegal income, 500,000 yuan to 200 yuan fine; constitute a crime, shall be held criminally responsible. 5, the industrial production permit regulations Article ear plugs 37 above the county department of industrial ear plugs products production license has been made based on the evidence or report suspected violations of the suspected breach of the conduct of investigation and may exercise the following powers: ( a) the relevant production, sale or use in the business activities of the units listed in the catalog product inspection agencies and the legal representative, is responsible for investigation and other relevant personnel to learn about alleged activities in violation of this Ordinance situation; (two) inspection and copying relevant production, sale or use in the business activities of the units listed in the catalog products and inspection bodies relevant contracts, invoices, books and other relevant information; ear plugs (three) ear plugs on the evidence of a breach of this Ordinance, production, ear plugs sale or used in operating activities included in the catalog ear plugs product is subject to seizure or seizure. Commercial administrative departments above the county level according to law suspected breach of provisions of the act to investigate, they can exercise the powers of the preceding paragraph. 6, the industrial production permit regulations Article 46 (1) obtaining the license production conditions, testing methods, production technology or process change, not in accordance with provisions of this Ordinance re-examination procedures shall be ordered to stop production , sales, confiscate the illegal production and sale of products, and the deadline for the relevant procedures; overdue handled, the illegal production and sale of products (including both sold and unsold products, the same below) the amount of three times the value of fine; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. Obtained the production license of the enterprise name change, not in accordance with the provisions of this Ordinance for the change, and ordered deadline for the relevant procedures; ear plugs overdue handled, ordered ear plugs to stop production, sale, confiscate ear plugs the illegal production and sale of products, impose illegal ear plugs production , the value of sales of products of the equivalent amount of a fine; illegal income shall be confiscated. Article 49 The enterprises obtaining the license lease, lend or transfer the license certificate, production license logo and numbered, shall be imposed a fine of less than 200,000 yuan; serious cases, revocation of production licenses. Illegal to accept and use others to provide the license certificate, production ear plugs license signs and numbers shall be ordered to stop production, sale, confiscate the illegal production and sale of products, the illegal production and sale of equivalent ear plugs value of the products over three times the fine ; there is illegal income, confiscate the illegal income; constitutes ear plugs a crime, be held criminally responsible. Article 65 of these Regulations revoked the production license of administrative penalties by the competent ear plugs department of industrial production permit decision. Industrial production permit shall be made by the competent authorities related products production license revoked the administrative punishment decisions promptly ear plugs inform development and reform departments, health ear plugs authorities, industrial and commercial administration departments and other relevant departments. ear plugs Article 46 of the Ordinance to administrative punishment under Article ear plugs 51 by the industrial production permit competent authorities or the administrative department of the State Council shall determine the terms of reference. Laws and administrative regulations on the exercise of the right of administrative penalty authority otherwise provided, in accordance with relevant laws, administrative regulations implemented. Industrial and commercial administrative departments shall exercise the powers prescribed in the preceding paragraph, the parties shall assist and cooperate and shall not refuse, obstruct. 8, "PRC Trademark Law" Article 55 of the industrial and commercial administration departments above the county level has been made illegal under suspicion or evidence report on the alleged infringement of registered trademark rights of others when investigating the behavior may exercise the following powers: (a) ask the relevant parties, investigation and infringement of registered ear plugs trademark of the situation; (two) inspection, copying and infringement activities related party contracts, invoices, account books and other relevant information; (three) of the parties suspected of infringing others registered trademark of the places on-site inspections; ear plugs (four) check the items relating to infringement activities; right there is evidence that infringe registered trademark of the items that can seal up or seized. Industrial and commercial administrative departments shall exercise the powers ear plugs prescribed in the preceding paragraph, the parties shall assist and cooperate and shall not refuse, obstruct. Article 57 violation of the provisions of these Regulations, the following acts, respectively, by the administrative department for industry and commerce, ear plugs quality inspection department responsible for supervision and management of dangerous chemicals comprehensive work of the department in accordance with their respective mandates, to be closed ear plugs or ordered ear plugs to cease rectification, and ordered the destruction of national harmless banned the production, management, use of hazardous chemicals or toxic chemicals produced by rodenticides and other possible into people's daily lives and daily chemical products chemicals; illegal income , confiscate the illegal income; 10 million yuan of illegal income, ear plugs illegal income and impose a more than five times less fine; no illegal gains or the illegal gains are less than 100,000 yuan, a fine of 50,000 yuan to 500,000 yuan fine ; violate the criminal ear plugs law, the responsible person in charge and other directly responsible personnel in accordance with the criminal law on the crime of dangerous goods accident, illegal operation or other crimes provisions of the Criminal Law: 10, satellite television ground receiving ear plugs facilities management in violation of the provisions of Article 11, unauthorized production of satellite ground receiving facilities, the electronics industry administrative departments ordered to stop production. Violation of the provisions of the unauthorized sale of satellite ground receiving facilities, industrial and commercial administrative department shall order to stop selling, confiscate ear plugs its satellite ground receiving facilities, and may impose a fine equivalent to twice the sales. Violation of the provisions of the unauthorized installation and use of satellite ground receiving facilities, radio and television administrative departments confiscated by the security machine and use its satellite ear plugs ground receiving facilities for five thousand individuals may impose a fine of fifty thousand units may be yuan fine. 11, industrial production ear plugs permit ear plugs regulations Article 46 (1) obtaining the license production conditions, ear plugs testing methods, production technology or process change, not in accordance with provisions of this Ordinance re-examination procedures shall be ordered to stop production , sales, confiscate the illegal production and sale of products, and the deadline for the relevant procedures; overdue handled, the illegal production and sale of products (including both sold and unsold products, the same below) the amount of three times the value of fine; illegal income, confiscate the illegal income; constitutes a crime, be held criminally ear plugs responsible. Obtained the production license of the enterprise name change, not in accordance ear plugs with the provisions of this Ordinance for the change, and ordered deadline for the relevant procedures; overdue handled, ordered to stop production, sale, confiscate the illegal production and sale of products, impose illegal production , the value of sales of products of the equivalent amount of a fine; illegal income shall be confiscated. &
