Liability for personal and property losses caused by product quality problems. Article 1203 of China's Civil Code and Article 43 of the Product Quality Law also make similar provisions: if a product has defects and causes damage to others, the infringed/victim may claim compensation from the producer or seller of the product. These include:
(1) producer's responsibility
According to Article 41 of China's Product Quality Law, if a product defect causes personal injury or property loss, the product producer shall be liable for compensation. However, if the producer can prove one of the following circumstances, it will not be liable for compensation: ① the product has not been put into circulation; (2) when the product is put into circulation, the defect causing damage does not exist; (3) When the products are put into circulation, the level of science and technology can't find the defects.
(2) The responsibilities of the seller
According to Article 42 of China's Product Quality Law, if the product is defective due to the fault of the seller, causing personal injury or property loss to others, or the seller cannot specify the producer and supplier of the defective product, the seller shall be liable for compensation.
Second, administrative responsibility.
Where a producer or seller violates the provisions of the Product Quality Law, the relevant administrative department shall, depending on the seriousness of the case, impose administrative penalties such as ordering to make corrections, ordering to stop production, confiscating illegal income, confiscating illegal products, imposing fines, and revoking business licenses. Depending on the seriousness of the case, the administrative penalty may be imposed singly or concurrently.
At the same time, Article 56 of the Law on the Protection of Consumers' Rights and Interests stipulates that in any of the following circumstances, in addition to bearing corresponding civil liabilities, other relevant laws and regulations have provisions on punishment organs and punishment methods, 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, according to the circumstances, give a single warning, confiscate the illegal income and impose a fine of not less than one time but not more than ten times the illegal income, and impose a fine of not more than 500,000 yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license.
Third, criminal responsibility.
The crime of producing and selling fake and inferior products refers to the behavior that producers and sellers adulterate products, pass fake products off as genuine ones, pass substandard products off as qualified products, and the sales amount reaches more than 50,000 yuan. The criminal act of the crime of producing and selling fake and inferior products is the act of producing and selling.