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  • 中华人民共和国消费者权益保护法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF CONSUMER RIGHTS AND INTERESTS

    (Adopted at the Fourth Meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993, promulgated by Order No. 11 of the President of the People's Republic of China, and effective as of January 1,1994)
    颁布日期:19931031  实施日期:19940101  颁布单位:全国人大常委会

      Contents

      Chapter I General Provisions

      Chapter II Rights of Consumers

      Chapter III Obligations of Business Operators

      Chapter IV Protection of Legitimate Rights and Interests of Consumers by the State

      Chapter V Consumer Organizations

      Chapter VI Settlement of Disputes

      Chapter VII Legal Responsibility

      Chapter VIII Supplementary Provisions

      Chapter I General Provisions

      Article 1 The present Law is formulated for the protection of the legitimate rights and interests of consumers, maintenance of the socio-economic order and promotion of the healthy development of socialist market economy.

      Article 2 The rights and interests of consumers in purchasing and using commodities or receiving services for daily consumption shall be under the protection of the present Law, or under the protection of other relevant laws and regulations in absence of stipulations in this Law.

      Article 3 Business operators shall, in their supply of commodities produced and sold by them or services to consumers, abide by the present Law, or abide by other relevant laws and regulations in absence of stipulations in the present law.

      Article 4 In transactions between business operators and consumers a principle of voluntariness, equality, fairness, honesty and credibility shall be followed.

      Article 5 The State shall protect the legitimate rights and interests of consumers from infringement.

      The State shall adopt measures to safeguard consumers' exercise of their rights in accordance with the law and to maintain the legitimate rights and interests of consumers.

      Article 6 It is the common responsibility of the whole society to protect the legitimate rights and interests of consumers.

      The State shall encourage and support all organizations and individuals to exercise social supervision over acts infringing upon consumer rights and interests.

      Mass media shall conduct propaganda defending the legitimate rights and interests of consumers and, through public opinion, exercise supervision over acts infringing upon the legitimate rights and interests of consumers.

      Chapter II Rights of Consumers

      Article 7 Consumers shall, in their purchasing and using commodities or receiving services, enjoy the right of the inviolability of their personal and property safety.

      Consumers shall have the right to demand business operators to supply commodities and services up to the requirements of personal and property safety.

      Article 8 Consumers shall enjoy the right to obtain true information of the commodities they purchase and use or the services they receive.

      Consumers shall have the right to demand business operators, in light of the different conditions of commodities or services, to provide their prices, origin, manufacturers, usage, functions, standards, grades, main ingredients, date of production, term of validity, certificates of inspection, operation instructions, after sale services or information relating to contents, standards and costs of the services.

      Article 9 Consumers shall enjoy the right of free choice of commodities or services.

      Consumers shall have the right to make a free choice of business operators for supply of commodities or services, select freely among varieties of articles or forms of services and decide independently to buy or not to buy any kind of commodities, or to accept or not to accept any item of services.

      Consumers shall have the right to make comparisons, differentiations and selections when

    they make a free choice of commodities or services.

      Article 10 Consumers shall enjoy the right of fair deal.

      Consumers shall, in their purchasing commodities or receiving services, have the right to obtain fair deal prerequisites such as guarantee of quality, reasonable prices and correct measurement, and have the right to refuse any compulsory transaction of business operators.

      Article 11 Consumers suffering from personal injury or property damage resulting from their purchasing or using of commodities or receiving of services shall have the right to demand compensations in accordance with the law.

      Article 12 Consumers shall have the right to form public organizations for the maintenance of their own legitimate rights and interests according to law.

      Article 13 Consumers shall have the right to acquire knowledge concerning consumption and protection of consumer rights and interests.

      Consumers shall make efforts to master the knowledge of their necessary commodities or services and the skill in operation thereof, apply the commodities in a correct way and raise their consciousness of self-protection.

      Article 14 Consumers shall, in their purchasing and using commodities or receiving services, have the right that their human dignity, national customs and habits are respected.

      Article 15 Consumers shall have the right to exercise supervision over commodities, services as well as the work of protection of consumer rights and interests.

      Consumers shall have the right to inform and charge against the infringement upon consumer rights and interests and the breach of law or neglect of duty on the part of State organs and their functionaries in the work of protection of consumer rights and interests, and have the right to raise criticism of or proposals for the work of protection of consumer rights and interests.

      Chapter III Obligations of Business Operators

      Article 16 Business operators shall, in their supply of commodities and services to consumers, fulfill their obligations stipulated in the Law of the People's Republic of China on Product Quality and other laws and regulations concerned.

      In case an agreement is reached between business operators and consumers, the business operators shall fulfill the obligations agreed upon in the agreement; but the agreement between the two parties shall not contravene the provisions of laws and regulations.

      Article 17 Business operators shall listen to the consumers' opinions on the commodities and services they supply and accept consumers' supervision.

      Article 18 Business operators shall guarantee that the commodities and services they supply meet the requirements for personal or property safety. As to commodities and services liable to harm personal or property safety, business operators shall give the consumers truthful explanation and clear out warnings, and shall explain or indicate the correct ways of using the commodities or receiving services as well as the methods of preventing damage.

      Business operators shall, upon discovery of serious defects of the commodities or services they supply which are liable to harm personal or property safety even though the commodities are correctly applied or services are received in a correct way, immediately report to the administrative departments concerned and inform the consumers, and adopt measures to prevent damage.

      Article 19 Business operators shall provide consumers with authentic information concerning their commodities or services, and may not make any false and misleading propaganda.

      Business operators shall give truthful and definite replies to inquiries from consumers about the qualities of the commodities or services they supply and the operation methods thereof.

      Shops shall mark clearly the prices of the commodities they supply.

      Article 20 Business oper

    ators shall indicate their real names and marks.

      Business operators who lease counters or grounds from others shall indicate their own real names and marks.

      Article 21 Business operators who supply commodities or services shall make out for consumers invoices for purchases or documents of services in accordance with relevant regulations of the State or commercial practices; business operators must produce such invoices or documents in case consumers so demand.

      Article 22 Business operators shall guarantee the quality, functions, usage and term of validity which the commodities or services they supply should possess under normal operation or acceptance, except that consumers are aware of the defects before they buy the commodities or receive the services.

      Business operators who employ advertisements, product instructions, samples or other ways to display the quality state of their commodities or services shall guarantee that the actual quality of the commodities or services they supply is in conformity with that demonstrated.

      Article 23 Business operators who are under the obligation of repair or caveat venditor, or other responsibilities in accordance with regulations of the State or agreements with consumers shall carry out such obligations correspondingly according to such regulations or agreements, and may not delay deliberately or refuse unreasonably to do so.

      Article 24 Business operators may not, through format contracts, notices, announcements, entrance hall bulletins and so on, impose unfair or unreasonable rules on consumers or reduce or escape their civil liability for their infringement of the legitimate rights and interests of consumers.

      Format contracts, notices, announcements, entrance hall bulletin

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