Should It Be Punished If The National Standard Code Is Printed And Printed Wrong?

Question: a city

The organization has conducted spot checks on a batch of garments. After testing by the testing organization, the quality of the garments is up to the requirements of the national standard, but the GB codes on the clothes are printed wrong, resulting in unqualified test results.

Should the industrial and commercial organs be punished?

Hu Mingchao, director of the Legal Affairs Office of Liaoning industrial and commercial bureau, answered:

(1) according to the provisions of articles twenty-seventh and fifty-fourth of the product quality law, the products or the labels on their packages must be truthful, and the product marks do not meet the requirements, and they shall be ordered to correct them.

Therefore, in this case, the industry and Commerce organs should order the operators to correct the wrong GB signs in accordance with the relevant provisions of the product quality law.

(2) if the GB logo of class a products is printed as a symbol of B products, and the standards of B products are higher than those of class a products, the products should conform to the quality requirements of B products, otherwise, the products are not qualified, but not the product marks.

If the national standard logo of class a products is printed as a symbol of B products, and the standard of B products is lower than that of class a products, the testing results of class a products are higher than those of B products, but they fail to meet the standards of class a products.

If class a products are included

It has become a symbol of B products. The products of category A are different from those of B products. They do not belong to the product mark. They are not qualified products.

For the above 3 situations, the industrial and commercial organs can be punished according to the provisions of the product quality law.

Problem: some enterprises use the banner or LED screen to display the name of the firm, logo, trademark, contact way, business scope or propaganda language in the window of office office room. Some are set outside the window, some are set in the window, others are on the roof.

How should this kind of behavior be regulated by industry and Commerce organs?

Hu Mingchao, director of the Legal Affairs Office of Liaoning industrial and commercial bureau, answered:

(1) such behavior is a self initiated outdoor advertising act.

Self built outdoor advertising refers to the enterprise information published in the form of signs, light boxes, neon characters, etc. in the form of the office buildings in the enterprise. The purpose is to promote sales of goods or services, or to enhance public understanding of goods or services.

(2) the first section of article second of the State Administration for Industry and commerce's "Regulations on the administration of outdoor advertising registration" clearly stipulates that outdoor advertisements refer to advertisements that are released through outdoor places, spaces and facilities.

We should make a reasonable explanation for "Outdoors". We should not simply understand the situation that only index cards are set up outside the window and outside the building. We should see whether the signs set up by the enterprises have the effect of receiving outdoor advertisements.

That is to say, even if a banner or LED screen is set up in the window, if the effect of outdoor advertisement is actually outdoor advertisement, the commercial and industrial organs should supervise and manage such behaviors according to the provisions of the advertising law.

Question: the conclusion of the food inspection report is too general. How does it link with the food safety law in administrative penalty?

Zhang Jianan, director of the Legal Affairs Office of Tianjin industrial and commercial bureau, answered:

(1) according to the twenty-eighth provisions of the food safety law and the provisions of the first paragraph (three) of the ninth item of the food safety supervision and management regulations in circulation, the conclusion of the food inspection report corresponds to the contents listed in the 10 items of the twenty-eighth item of the food safety law, and is determined according to the 10 items of the food safety law.

(2) the conclusion of the food inspection report is not corresponding to the contents listed in the first 10 items of the twenty-eighth item of the food safety law, and can be determined according to the twenty-eighth item (eleven) of the food safety law and ninth (1) (thirteen) of the food safety supervision and management regulations in circulation.

Question: does mobile communication company require customers to pre pay telephone calls and give customers edible oil to handle food circulation approval?

Zheng Shuyu, director of the Anhui Provincial Administration of industry and commerce, said:

There is no need for food circulation permission.

Mobile communications companies require customers to pre pay telephone calls and give customers the cooking oil, which is a complimentary and prizes sale. Cooking oil is a kind of donation behavior, not a business activity.

The industrial and commercial organs can only supervise the quality of the gifts.

Question: a person limited company's registered capital of 5 million yuan, identified as a capital contribution, should be identified as false registration capital or false investment? In the case of false registration of capital, whether the parties have made up all (or part of) the funds before the incident or during the investigation process, can they qualitatively deal with the false registered capital, and whether the capital verification report is false evidence with the capital verification report obtained from the false bank account?

Zhang Jianan, director of the Legal Affairs Office of Tianjin industrial and commercial bureau, answered:

(1) there are two main differences between the false capital contribution and the false report of the registered capital: one is the different responsibility subject, the former is the sponsor, the shareholder, the latter is generally the company; the two is the different legal relations of the infringement, the former mainly infringes on the interests of the company and other investors, the latter mainly damages the security of the paction and the order of registration and management.

(2) in case of all the registered capital of one person limited company, it can be characterized as false investment.

(3) in the case of false registration of registered capital, the parties who have made up all (or part of) funds before the incident or during the investigation of the case shall be penalized within the statutory time limit. The act of making up all (or part of) the funds may be considered as a discretionary or mitigated punishment.

(4) using false

The capital verification report obtained is a false proof.

The financial problems involved can be dealt with according to the relevant provisions of the "two deficiency" cases.