According to Article 4 of the Product Quality Law, producers and sellers shall bear the responsibility for product quality in accordance with the provisions of this Law.
Article 43 If a product is defective and causes personal or property damage to others, the victim may claim compensation from the product producer or seller. If it is the responsibility of the product producer and the product seller compensates, the product seller has the right to recover from the product producer. If it is the responsibility of the product seller and the product producer compensates, the product producer has the right to recover from the product seller.
Second, the legal risks in enterprise management
According to Article 8 of the Anti-Unfair Competition Law, business operators are not allowed to bribe the sale or purchase of goods by property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes.
L Twenty-second operators use property or other means to bribe the sale or purchase of goods, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the supervision and inspection department may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances, and confiscate the illegal income.
Bidders shall not collude in bidding, raise the bid price or lower the bid price. Bidders and bidders shall not collude with each other to crowd out the fair competition of competitors.
L Twenty-seventh bidders collude in bidding, raising the bid price or lowering the bid price; Bidders collude with each other to crowd out the fair competition of competitors, and the bid is invalid. The supervision and inspection department may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances.
The legal risk of financial problems The medical device industry is characterized by large capital investment and long repayment period. On the one hand, medical device companies often bear the performance pressure of manufacturers and place orders unconditionally. On the other hand, they can't get the payment in time because of the hospital management system. Therefore, the financial pressure of operating enterprises is particularly great, and they have to alleviate the financial pressure through loans or financing. Loans or financing increase the operating costs of enterprises and the risks of legal proceedings.
Legal risks in taxation With the strengthening of the inspection of high-income industries by the national tax department, the medical device industry has also become the key monitoring object of the tax department. On the one hand, the state encourages the rapid development of emerging industries and provides preferential tax policies. On the other hand, the state severely cracked down on tax evasion.
Three. Legal Person Risk of Medical Device Enterprises
Article 49 of the General Principles of the Civil Law stipulates that an enterprise as a legal person, in any of the following circumstances, may be subject to administrative sanctions and fines in addition to the liability of the legal person. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) engaging in illegal business beyond the business scope approved and registered by the registration authority;
(2) concealing the real situation from the registration authority or the tax authority or practicing fraud;
(3) Withdrawing funds or hiding property to avoid debts;
(4) Disposing of property without authorization after dissolution, cancellation or bankruptcy;
(5) Failing to apply for registration and announcement in time at the time of alteration or termination, thus causing great losses to the interested parties;
(six) to engage in other activities that harm the national interests or social public interests prohibited by law.
Fourth, the legal risks of entrusted production.
L If the entrusting party entrusts an enterprise that does not meet the requirements stipulated in these regulations to produce medical devices, or fails to manage the production behavior of the entrusted party, it shall be punished in accordance with the provisions of Item (5) of Article 66 of the new regulations.
L For the consignee, if the consigned production of Class II and Class III medical devices is terminated and the consignee continues to produce the consigned products, it shall be punished according to the provisions of Article 63 of the new regulations.
L For the entrusting party, if it fails to go through the filing procedures for entrusted production, it shall be punished in accordance with Item (4) of Paragraph 1 of Article 69 of the new regulations.
Verb (abbreviation of verb) comprehensive legal risk
L contract dispute
Personnel and labor disputes