1. What is the main legal basis for selling fake and shoddy products?
1) According to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, the following provisions are made:
1. Article 55 Where a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
2. Article 56 In case of any of the following circumstances, in addition to corresponding civil liabilities, other relevant laws and regulations have provisions on the punishment organ and punishment method, which shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income, and impose a fine of more than 1 times the illegal income 10 times the illegal income. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(a) the goods or services provided do not meet the requirements for the protection of personal and property safety;
(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of others, tampering with the date of production, forging or fraudulently using quality marks such as certification marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(6) making false or misleading propaganda about goods or services;
(seven) refusing or delaying the relevant administrative departments to order the sale of defective goods or services to stop, warn, recall, harmless treatment, destruction, stop production or services and other measures;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(9) Infringe on consumers' personal dignity, personal freedom or consumers' personal information rights that should be protected according to law;
(ten) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
In case of any of the circumstances specified in the preceding paragraph, the operator shall be punished in accordance with the provisions of laws and regulations, and the punishment organ shall record it in the credit file and announce it to the public.
Article 57 Where a business operator provides goods or services in violation of the provisions of this Law and infringes on the legitimate rights and interests of consumers, which constitutes a crime, he shall be investigated for criminal responsibility according to law.
2) According to the following provisions of the Criminal Law of People's Republic of China (PRC):
1. Article 140 Any producer or seller who adulterates or adulterates products, passes off fake products as genuine products, and passes off unqualified products as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or shall only be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
2. Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute a crime as stipulated in these articles, but if the sales amount is more than 50,000 yuan, it shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Whoever produces or sells the products listed in Articles 141 to 148 of this section not only constitutes a crime as stipulated in each article, but also constitutes a crime as stipulated in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
3. Article 150 Where a unit commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished according to the provisions of these Articles.
Generally speaking, the illegal income from selling fake and shoddy products reaches 50,000 yuan, which constitutes a crime. But the reality is that the sales of many fake and shoddy products are amazing, which may reach millions of yuan in a month or so. If consumers find that they have bought fake and shoddy products, they must actively pursue the responsibility of the merchants.