中华人民共和国标准条例-第5部分
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
departments under the State Council。 The establishment of local
examination agencies shall be planned and examined by the administrative
departments in charge of standardization in the people's governments of
the provinces； autonomous regions and municipalities directly under the
Central Government in conjunction with the relevant administrative
authorities at provincial level。 The data provided by the examination
agencies stipulated in this Article shall be taken as the criterion in
solving disputes over whether certain products are up to the relevant
standards。
Article 30
The relevant administrative departments under the State Council may；
according to the needs and relevant stipulations of the State； set up
examination agencies to undertake the examination tasks in their trades
and departments。
Article 31
State organs； social organizations； enterprises； institutions and citizens
all have the right to inform against and expose acts of violating
pulsory standards。
【章名】 Chapter V Legal Liability
Article 32
Those who violates the Standardization Law and the relevant provisions of
these Regulations in one of the following circumstances shall be ordered
to correct their mistakes within a set time…limit by the administrative
departments in charge of standardization or the relevant administrative
authorities within their respective petence； which may also circulate
notices of criticism or give administrative sanctions to the persons held
responsible for the violations：
（1） enterprises fail to formulate standards as the basis for organizing
production according to the relevant stipulations；
（2） enterprises fail to report standards for products to higher
authorities for the record according to the relevant stipulations；
（3） enterprises fail to put marks on their products according to the
relevant stipulations or put marks other than their own on their products；
（4） enterprises fail to meet standardization requirements in developing
new products； improving products and carrying out technical innovations；
（5） provisions concerning relevant pulsory standards are violated in
scientific。 research； designing and production。
Article 33
Enterprises that produce products which fail to meet pulsory standards
shall be ordered to stop production and their products shall be
confiscated； destroyed under supervision or subjected to necessary
technical treatment。 A fine ranging from 20％ to 50％ of the total value of
the goods shall be imposed on the enterprises and a fine of 5；000 yuan or
less on the persons held responsible。
Those who sell goods which are not up to the pulsory standards should
be ordered to stop their sales and recover the goods which have already
been sold within a set time…limit。 All the goods should be destroyed under
supervision or subjected to necessary technical treatment。 The illegal
gains shall be confiscated and a fine ranging from 10％ to 20％ of the total
value of the goods shall be imposed on the units and a fine of 5；000 yuan
or less on the persons held responsible。
If any units import goods which are not up to pulsory standards； the
goods should be sealed up for safekeeping and confiscated； destroyed under
supervision or subjected to necessary technical treatment。 A fine ranging
from 20％ to 50％ of the total value of the imported goods shall be imposed
on the units； administrative sanctions shall be given to and a fine of
5；000 yuan or less may also be imposed on the persons held responsible。
The order to stop production and the administrative sanctions provided for
in this Article shall be decided by the relevant administrative
authorities。 Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and merce within their petence。
Article 34
Where units cause serious consequences and mit crimes by producing；
marketing and importing products which fall short of the pulsory
standards； the persons directly responsible shall be investigated for
criminal liabilities by the judicial organs according to law。
Article 35
Where products which have obtained attestation certificates and are sold
with attestation marks are not up to the attestation standards； the
administrative departments in charge of standardization shall order the
relevant units to stop their sales and impose a fine twice the amount of
the illegal gains or less。 In more serious cases； the attestation
departments shall revoke their attestation certificates。
Article 36
If any units sell their goods with attestation marks when the goods have
not been attested or have been rejected in attestation； the administrative
departments in charge of standardization shall order them to stop their
sales and impose a fine three times the amount of the illegal gains or
less on these units and a fine of 5；000 yuan or less on the persons in
charge of these units。
Article 37
Litigants that disagree with penalties of confiscation of goods and
illegal gains and fines； may； within 15 days of receipt of notification of
such penalties； apply for reconsideration to the organs immediately
superior to the authorities which have meted out the penalties。 A litigant
that disagrees with a reconsideration decision； may； within 15 days of
receipt of the reconsideration decision； file a suit with a people's
court。 A litigant may also directly file a suit with a people's court
within 15 days of receipt of notification of the penalties。 If a litigant
neither applies for a reconsideration nor files a suit with a people's
court nor performs the penalty decision； the department which has made the
decision shall apply to the people's court for mandatory enforcement。
Article 38
The penalties provided for in Articles 32 to 36 of these Regulations shall
not exempt the litigant from the damages liabilities arising therefrom。
Those who have suffered damages have the right to claim pensation from
the persons held responsible。 Damages liabilities and disputes over the
amounts of pensation may be dealt with by the relevant administrative
authorities and the litigants may also directly file a suite with a
people's court。
Article 39
Persons in charge of supervision； examination and administration of
standardization work that mit one of the following acts shall be given
administrative sanctions by the relevant petent authorities； if crimes
result from those acts； they shall be investigated for criminal
liabilities by the judicial organs according to law：
（1） making errors that cause damage in violation of certain provisions of
these Regulations；
（2） forging and tampering with examination data；
（3） engaging in self…seeking misconduct； abusing power and asking for and
accepting bribes。
Article 40
All the revenue derived from confiscation and pecuniary penalties shall be
turned over to the state treasury。 The fines imposed on units must all be
paid from their own funds and may not be included in the cost。 The fines
imposed on the persons held responsible may not be reimbursed with public
money。
【章名】 Chapter VI Supplementary Provisions
Article 41
Regulations concerning standardization administration applicable in the
Army shall be separately formulated by the State Council and the Military
mission of the Central mittee of the munist Party of China。
Article 42
Regulations concerning standardization administration for project
construction shall be separately formulated by the petent department in
charge of project construction under the State Council in accordance with
the Standardization Law and the relevant provisions of these Regulations。
They shall go into effect after the approval by the State Council。
Article 43
These Regulations shall be interpreted by the State Bureau of Technology
Supervision。
Article 44
These Regulations shall go into effect as of the date of prom
