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Illegal Administrative Punishment Measures For The Implementation Of

Original Language Title: 价格违法行为行政处罚实施办法

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(July 29, 2004, 14th the national development and Reform Commission released as of September 1, 2004) the first price for the effective implementation of administrative punishments, stabilize market price fluctuations in a timely manner, safeguarding public interests and social stability, according to the price law, the administrative punishment law, the illegal administrative penalties regulations, these measures are formulated. Second article operators violation price method 14th article provides bid up price, has following case one of of, Government price competent sector according to price violations administrative punishment provides fifth article of provides be administrative punishment: (a) fabricated, and spread price information, significantly improve price of; (ii) production cost or purchase cost no occurred obviously changes, to profiteering for purpose, significantly improve price of; (three) in some area or industry first significantly improve price of; (four) hoarding,
    Lead to price rise in commodities in short supply.
    Constitute an act of driving up the price of specific prices or price increases, proposed by the provincial pricing authorities according to local circumstances, and to report to the provincial people's Government to determine.
    Third article operators violation price method 14th article provides disguised improve price, used following means one of of, Government price competent sector according to price violations administrative punishment provides sixth article of provides be administrative punishment: (a) raised grade sales commodity or charged costs of; (ii) to pretend really, shoddy, reduced quality of; (three) Jerry, short feet less scales, reduced number of; (four) disguised improve price of other behavior.
    Fourth article local government and the Government sector violation price method provides, beyond pricing permission and range unauthorized developed, and adjustment price or not implementation statutory of price intervention measures, and emergency of, by superior Government or Government price competent sector ordered corrected, and can informed criticism; on directly is responsible for of competent personnel and other directly responsibility personnel, by superior government price competent sector drew attention to the right to organ law give administrative sanctions.
    Article fifth shall be subject to the guidance of the Government Department in charge of price, an industry group, illegal and the circumstances are serious, the pricing departments can be brought to the registration authority registration.
    Article sixth when price intervention measures under law or emergency measures of the State Council, Governments of provinces, autonomous regions and municipalities directly under the price intervention measures under law, the Government Department in charge of price supervision and inspection, these procedures apply to seventh, eighth and Nineth and tenth article.
    Seventh article on into price intervention measures or emergency range of commodity and service, and may spread of related commodity and service of price violations, should according to price violations administrative punishment provides 15th article of provides be from heavy punishment, in statutory fine range within should from high applies, administrative punishment type in two a above of should from heavy applies, can and at of should and at punishment. Eighth article price administrative law enforcement personnel can applies following program, from fast stop price violations: (a) law enforcement personnel for survey or check Qian, can not to party served check notice, but to show law enforcement documents; (ii) in survey or check in the found should give administrative punishment of behavior of, can spot decided filed, filed, and asked or check should making record; (three) made administrative punishment decided Qian, can not to party served administrative punishment prior told book, and Administrative punishment hearing told book, and to oral told of way perform administrative punishment prior told program, and hearing told program; (four) survey end, price competent sector head should immediately on survey results for review, timely made administrative punishment decided; on plot complex or major violations give more heavy of administrative punishment, can not held case trial Committee Conference, and by price competent sector head collective discussion decided; (five) on law can spot made administrative punishment decided of,
    Not collected on the spot are difficult to implement, you can collect fines on the spot.
    Nineth article operators has following case one of of, can by no illegal proceeds punished: (a) no legal sales or charges notes of; (ii) hidden, and destroyed sales or charges notes of; (three) hide sales or charges notes number, books and notes amount inconsistent led to calculation illegal proceeds amount no according to of; (four) more received price all returned of; (five) should by no illegal proceeds punished of other case.
    Article tenth consumers resulting from illegal or other operators to pay more money, ordered to refund fails to return after the expiration or to refund of the purchase price, be punished as illegal income.
    11th price administrative law enforcement personnel shall be prevented in time and heavier punishment for price violations is not promptly stopped, a heavier punishment because of improper punishment, a citizen, legal person or other organization's legitimate rights and interests, and damage to the public interest and social order, directly responsible shall be investigated for managers and other personnel responsibilities.
    12th explain these measures by the national development and Reform Commission.
                          13th these measures shall come into force on September 1, 2004.