The scope of complaints and reports accepted by the market supervision department includes: first, complaints about consumer disputes with operators when consumers buy or use commodities or accept services for their daily consumption needs; Second, complaints that farmers' rights and interests are harmed by the purchase and use of seeds, fertilizers, pesticides, agricultural machinery and other means of production directly used in agricultural production; Third, complaints and reports on violations of laws, regulations and rules of industrial and commercial administration, such as violations of consumers' legitimate rights and interests, manufacturing and selling fake and shoddy goods, unfair competition, and violations of advertising management regulations.
The market supervision department refuses to accept or terminates the acceptance: First, it is not within the jurisdiction of the administrative department for industry and commerce; Second, the purchased goods exceed the shelf life, and the respondent is no longer liable for breach of contract; Third, the administrative department for industry and commerce has organized mediation; Fourth, other organizations such as consumer associations or people's mediation organizations have mediated or are dealing with it; Fifth, the court, arbitration institution or other administrative departments have accepted or handled it; Sixth, consumers know or should know that their rights and interests have been infringed for more than one year, or consumers cannot prove that their rights and interests have been infringed; Seventh, it does not conform to the provisions of national laws, regulations and rules.
1, responsible for comprehensive market supervision and management and intellectual property management. Organize the implementation of policies and regulations related to market supervision and management and intellectual property rights, draft regulatory documents related to market supervision and management and intellectual property rights, formulate relevant policies and standards, and organize the implementation of the strategy of strengthening the city with quality, food safety, standardization and intellectual property rights. Formulate and organize the implementation of relevant plans, standardize and maintain market order, and create a fair competition, honest and trustworthy market environment.
2. Responsible for the unified registration of market entities. Responsible for the registration of municipal enterprises, resident representative offices of foreign (regional) enterprises and other market entities. Organize and guide the registration of various enterprises, farmers' professional cooperatives, units engaged in business activities, individual industrial and commercial households and other market entities in the city. Establish information disclosure and * * * sharing mechanism for market participants, publicize and * * * share relevant information according to law, strengthen credit supervision, and promote the construction of credit system for market participants.
3, responsible for organizing and guiding market supervision and comprehensive enforcement of intellectual property rights. Guide the construction of a comprehensive law enforcement team for market supervision in the city and promote the implementation of unified market supervision. Organize to investigate and deal with major illegal cases. Standardize market supervision and administrative enforcement of intellectual property rights.
4, responsible for the supervision and management of market order. Supervise and manage market transactions, online commodity transactions and related services according to law. Organize and guide the investigation and punishment of illegal price charging, unfair competition, illegal direct selling, pyramid selling, infringement of trademark and patent intellectual property rights, manufacturing and selling counterfeit and shoddy acts.
Guide the development of advertising industry and supervise and manage advertising activities. In accordance with the requirements of the responsibility system of "industry must manage safety, business must manage safety, and production and operation must manage safety", it is responsible for the supervision and management of safety production in the market field according to law. To guide and investigate unlicensed production and operation and related unlicensed production and operation behaviors. Guide the construction of consumption environment, guide and urge consumers to accept and handle market supervision consultation, complaints and reports. Guide the investigation and punishment of violations of consumer rights and interests. Guide the Municipal Consumer Rights Protection Committee to carry out consumer rights protection work.
5. Promote the implementation of competition policy as a whole and guide the implementation of fair competition review system. Supervise the centralized behavior of the city's operators according to law, and carry out investigations according to the entrustment. Guide enterprises to respond to anti-monopoly litigation abroad (overseas).
legal ground
Interim Provisions on Administrative Punishment Procedures of Market Supervision and Administration
Article 6 Administrative punishment shall be under the jurisdiction of the market supervision and administration department at or above the county level where the illegal act occurred. Except as otherwise provided by laws and administrative regulations.
Article 7 Except for cases under the jurisdiction of the market supervision and administration departments at or above the provincial level as stipulated by laws, regulations and rules, the market supervision and administration departments at the county level and at the municipal level with districts shall exercise jurisdiction over administrative punishment cases within their respective jurisdictions according to their functions and powers.
Article 8 The dispatched offices of the county-level market supervision and management departments shall impose administrative penalties in the name of the county-level market supervision and management departments within the limits of authority determined by the county-level market supervision and management departments, except those authorized by laws, regulations and rules to impose administrative penalties in the name of the dispatched offices. The market supervision and management department at or above the county level may, within the statutory authority, entrust an organization that meets the requirements stipulated in the Administrative Punishment Law of the People's Republic of China to implement administrative punishment. The entrusted organization implements administrative punishment in the name of the entrusted administrative organ within the scope of entrustment; No other organization or individual may be entrusted to implement administrative punishment.