Summary! Market supervision" is not penalized、impunity、Light penalties、Basis for Handling "Heavy Fines"

Laws involved、statute、regulations：Administrative Punishment Law, Anti-Unfair Competition Law, Anti-Monopoly Law, Trademark Law, Food Safety Law, Drug Law, Product Quality Law, Regulations on the Supervision and Administration of Cosmetics Production and Operation, Regulations on the Implementation of the Trademark Law, Regulations for the Implementation of the Drug Administration Law, Regulations on the Supervision and Administration of Cosmetics, Regulations on the Implementation of the Food Safety Law, Measures for the Supervision and Administration of Drug Production, Provisions on Administrative Punishment Procedures for Market Supervision and Administration, Measures for the Supervision and Handling of Contract Violations, Measures for the Administration of Food Recalls, Measures for the Administration of Drug Recalls, Measures for the Administration of Drug Recalls, Measures for the Administration of Drug Recalls, Measures for the Administration of Drug Recalls, Measures for the Administration of Drug Recalls, Measures for the Administration of Drug Recalls, Measures for the Supervision and Administration of Drug Recalls, Measures for the Supervision and Administration of Drug Recalls, Measures for the Supervision and Administration of Drug Recalls, Measures for the Supervision and Administration of Drug Recall Measures for the Administration of Medical Device Recall, Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Market, Measures for the Supervision and Administration of Medical Devices, Measures for the Supervision and Administration of Food Safety in Catering Services, Detailed Rules for the Punishment of Measurement Violations, Provisions on Administrative Penalties for Price Violations, and Measures for the Supervision and Administration of Drugs in Medical Institutions(Trial)Guiding Opinions on Regulating the Discretionary Power of Administrative Punishment for Market Supervision and Administration。

One、The relevant provisions of "no penalty" shall apply

1.Administrative Punishment Law

Article 30: Minors under the age of 14 have illegal conduct，No administrative punishment will be imposed，Order the guardian to discipline him。

Article 31: Mentally ill persons、Persons with intellectual disabilities have violated the law when they are unable to recognize or control their own behavior，No administrative punishment will be imposed，However, their guardians shall be ordered to exercise strict supervision and treatment。

Article 33: Minor violations are to be corrected in a timely manner，There are no harmful consequences，No administrative punishment will be imposed。Violating the law for the first time and the harmful consequences are minor and promptly corrected，Administrative punishment may not be given。

The parties have evidence sufficient to prove that there is no subjective fault，No administrative punishment will be imposed。law、Administrative regulations provide otherwise，from its provisions。

No administrative punishment is given to the parties' illegal conduct in accordance with law，Administrative organs shall educate the parties。

Article 36: Illegal conduct has not been discovered within two years，No administrative penalties will be imposed。

Article 38: Where there is no basis for administrative punishments, or the implementing entity does not have the qualifications of an administrative entity，The administrative punishment is invalid。

Violation of legal procedures constitutes a major and obvious violation，The administrative punishment is invalid。

2.Provisions on Administrative Punishment Procedures for Market Supervision and Administration

Article 60: The responsible person for the department for market regulation reports on the conclusion of the investigation of the case、Review opinions、The parties' statements and defense opinions or hearing reports are to be reviewed，Depending on the situation，The following decisions were made：

(2) There is a genuine illegal act，However, there are circumstances in which administrative punishments are not given in accordance with law，No administrative punishment will be imposed；

(3) The facts of the violation cannot be established，No administrative punishment will be imposed。

3.Anti-Unfair Competition Law

Article 25: Business operators engage in unfair competition in violation of the provisions of this Law，There are legally-prescribed circumstances such as actively eliminating or mitigating the harmful consequences of illegal conduct，Give a lighter or commuted administrative punishment in accordance with law；Violations are minor and corrected promptly，There are no harmful consequences，No administrative punishment will be imposed。

4.Measures for the Supervision and Handling of Contract Violations

Article 13 The parties' contractual violations are minor and corrected in a timely manner，There are no harmful consequences，Administrative punishments shall not be given in accordance with law；Actively eliminating or mitigating harmful consequences，Administrative punishments shall be mitigated or commuted in accordance with law；Supervised、steer，Able to take the initiative to correct or promptly suspend the illegal conduct of the contract，May be given a lighter administrative punishment in accordance with law。

5.Measures for the Administration of Food Recalls

Article 43 Food producers and traders shall cease production and operation、Recall and dispose of unsafe food，They are not exempted from other legal responsibilities that they shall bear in accordance with law。

Food producers and traders take the initiative to stop production and operation、Recall and disposal of unsafe food measures，Eliminating or mitigating harmful consequences，Punishment is to be mitigated or commuted in accordance with law；The circumstances of the violation are minor and corrected in a timely manner，There are no harmful consequences，No administrative punishment will be imposed。

6.Measures for the Administration of Drug Recalls

Article 29 The drug regulatory department confirms that the drug manufacturer has violated the law、statute、There are potential safety hazards in the market caused by the regulations，Administrative punishments shall be given in accordance with law，However, the enterprise has taken recall measures to actively eliminate or mitigate the harmful consequences，In accordance with the provisions of the "Administrative Punishment Law", the punishment shall be mitigated or commuted；Violations are minor and corrected promptly，There are no harmful consequences，No penalty。The drug manufacturer recalls the drug，They are not exempted from other legal responsibilities that they shall bear in accordance with law。

7.Measures for the Administration of Medical Device Recalls

Article 28 The medical device manufacturer violates the law、statute、The regulations have caused defects in the listed medical devices，Administrative punishments shall be given in accordance with law，However, the enterprise has taken recall measures to actively eliminate or mitigate the harmful consequences，The food and drug supervision and administration department shall give a lighter or mitigated punishment in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China；Violations are minor and corrected promptly，There are no harmful consequences，No penalty。

The medical device manufacturer recalls the medical device，They are not exempted from other legal responsibilities that they shall bear in accordance with law。

8.Regulations on the Supervision and Administration of Cosmetics Production and Operation

Article 62: Cosmetics manufacturers and traders violate the law、statute、regulations、Mandatory national standards、Technical Specifications，It is the first time that the violation has been violated and the harmful consequences are minor and promptly corrected，Administrative punishment may not be given。The parties have evidence sufficient to prove that there is no subjective fault，No administrative punishment will be imposed。law、Administrative regulations provide otherwise，from its provisions。

9.Guiding Opinions on Regulating the Discretionary Power of Administrative Penalties for Market Supervision and Administration

Article 7: In any of the following circumstances，Administrative punishments shall not be given in accordance with law:

(1) A person under the age of 14 has committed an illegal act;

(2) A mentally ill person commits an illegal act when he is unable to recognize or control his own behavior;

(3) The violation is minor and corrected in a timely manner,There are no harmful consequences;

(4) Except as otherwise provided by law,The violation has not been discovered within two years;

(5) Other administrative punishments that shall not be given in accordance with law。

Two、The relevant terms and conditions of "Exemption from Penalty" shall apply

1.Administrative Punishment Law

Article 35: Illegal conduct constitutes a crime，When a people's court gives a sentence of short-term detention or fixed-term imprisonment，Where the administrative organs have already given the parties administrative detention，The corresponding sentence shall be deducted in accordance with law。

The offense constitutes a crime，When the people's court imposes a fine，Where the administrative organ has already fined the party，The corresponding fine shall be deducted；Where the administrative organs have not yet given the parties a fine，No more fines will be imposed。

2.Anti-Monopoly Law

Article 46: Business operators violate the provisions of this Law，Reaching and implementing a monopoly agreement，The anti-monopoly law enforcement agency shall order the cessation of the illegal acts，Confiscation of illegal gains，and a fine of not less than 1% but not more than 10% of the sales of the previous year shall be imposed；The monopoly agreement reached has not been implemented，A fine of not more than $500,000 may be imposed。

The undertaking takes the initiative to report to the anti-monopoly law enforcement agency the circumstances related to the conclusion of the monopoly agreement and provides important evidence，The anti-monopoly law enforcement agency may, at its discretion, reduce or waive the penalty against the operator。

3.Trademark Law

Article 60 Any of the acts of infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law，Disputes，It shall be settled by the parties through negotiation；Those who are unwilling to negotiate or who fail to negotiate，The trademark registrant or interested party may file a lawsuit with the people's court，It can also request the administrative department for industry and commerce to handle it。

Selling goods that we do not know infringe on the exclusive right to use a registered trademark，Be able to prove that the product was legally obtained by yourself and state the supplier，The administrative department for industry and commerce shall order the sale to be stopped。

4.Regulations for the Implementation of the Trademark Law

Article 80 The sale of goods that are not known to infringe upon the exclusive right to use a registered trademark，Be able to prove that the product was legally obtained by yourself and state the supplier，The administrative department for industry and commerce shall order the sale to be stopped，and report the case to the administrative department for industry and commerce at the place where the infringing goods are provided。

Article 79 The following circumstances shall be the circumstances under which it can be proved that the goods were lawfully obtained by oneself as provided for in Article 60 of the Trademark Law:

(1) There is a list of supplies and payment receipts legally signed and sealed by the supplier and verified to be true or approved by the supplier;

(2) There is a purchase contract signed by the supply and marketing parties and it has been verified that it has been truly performed;

(3) There are lawful purchase invoices and the items recorded in the invoices correspond to the goods involved in the case;

(4) Other circumstances that can prove that the goods involved in the case were lawfully obtained。

5.Food Safety Law

Article 136: Food business operators have fulfilled their obligations such as purchase inspection as stipulated in this Law，There is sufficient evidence that it was unaware that the food it procured did not meet food safety standards，and can truthfully explain the source of its purchase，Penalties may be waived，However, the food that does not meet the food safety standards shall be confiscated in accordance with the law；Causing a person、property or other damage，Bear the liability for compensation in accordance with the law。

6.Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Marketed

Article 54 The seller has fulfilled the obligations such as the purchase inspection of edible agricultural products as stipulated in these Measures，There is sufficient evidence to prove that it is not aware that the edible agricultural products purchased do not meet food safety standards，and can truthfully explain the source of its purchase，Penalties may be waived，However, edible agricultural products that do not meet food safety standards shall be confiscated in accordance with the law；Causing a person、property or other damage，Bear the liability for compensation in accordance with the law。

7.Pharmaceutical Law

Article 124:Violations of the provisions of this Law，Committing any of the following acts，Confiscation of illegal production、import、Drugs sold and illegal gains, as well as raw materials specially used for illegal production、Accessories、Packaging materials and production equipment，It was ordered to suspend production and business for rectification，and illegal production、import、A fine of not less than 15 times but not more than 30 times the value of the drugs sold；The value of the goods is less than 100,000 yuan，Calculated at 100,000 yuan；The circumstances are serious，Revoke the drug approval certificate and even revoke the drug production license、Drug business license or medical institution preparation license，to the legal representative、The main person in charge、Directly responsible supervisors and other responsible personnel，Confiscate the income obtained from the unit during the period when the illegal act occurred，and a fine of not less than 30% but not more than three times the amount of income obtained，It is prohibited to engage in drug production and business activities for ten years or even for life，and may be detained by the public security organs for between 5 and 15 days：

Importing a small amount of drugs that have been legally marketed abroad without approval，The plot is minor，Punishment may be commuted or waived in accordance with law。

8.Regulations for the Implementation of the Drug Administration Law

Article 75 Pharmaceutical trading enterprises、The medical institution has not violated the relevant provisions of the Drug Administration Law and these Regulations，and there is sufficient evidence to prove that he did not know that the drugs he sold or used were counterfeit、Inferior medicine，Counterfeit drugs sold or used shall be confiscated、Inferior drugs and illegal gains；However, other administrative penalties may be waived。

9.Measures for the Supervision and Administration of Medical Devices

Article 87 Medical device business enterprises、The user unit has fulfilled the obligations such as purchase inspection stipulated in these Regulations，There is sufficient evidence to prove that it was unaware of the business、The medical devices used are the first item of the first paragraph of Article 81 of these Regulations、Article 84, paragraph 1、Medical devices under the circumstances specified in Paragraphs 1 and 3 of Article 86，and can truthfully explain the source of its purchase，Confiscation of its operations、The use of medical devices that do not meet the statutory requirements，Administrative penalties may be waived。

10.Regulations on the Supervision and Administration of Cosmetics

Article 68 Cosmetics business operators have fulfilled their obligations such as purchase inspection records as stipulated in these Regulations，There is evidence that it does not know that the cosmetics it procures do not comply with the mandatory national standards、technical specifications or non-compliance with cosmetic registration、The technical requirements specified in the filing materials，The seizure of its operations does not comply with mandatory national standards、technical specifications or non-compliance with cosmetic registration、Cosmetics with technical requirements set forth in the filing materials，Administrative penalties may be waived。

11.Detailed Rules for Punishment of Measurement Violations

Article 26: In any of the following circumstances，Penalties may be mitigated or waived：(1) The circumstances are especially minor；(2) Violation of the law for the first time，The plot is minor；(3) Have a good attitude of admitting mistakes，Able to actively and effectively cooperate with the investigation and handling work；(4) Taking the initiative to make corrections。

Three、Applicable "light、mitigation".

1.Administrative Punishment Law

Article 30: Minors who have already reached the age of 14 but are not yet 18 years old have illegal conduct，Administrative punishments shall be mitigated or commuted。

Article 31: Intermittent mentally ill persons have illegal conduct when they are mentally normal，Administrative penalties shall be imposed。Mentally ill persons who have not completely lost the ability to recognize or control their own behavior、Persons with intellectual disabilities have violated the law，Administrative punishments may be mitigated or commuted。

Article 32: Parties have any of the following circumstances，Administrative punishments shall be mitigated or commuted：(1) Actively eliminating or mitigating the harmful consequences of illegal conduct；(2) Being coerced or enticed by others to commit illegal acts；(3) Voluntarily confessing illegal conduct that the administrative organs have not yet learned；(4) Cooperate with administrative organs in investigating and handling illegal conduct and have meritorious service；(5) Laws、statute、The rules provide that other administrative punishments shall be mitigated or commuted。

2.Anti-Unfair Competition Law

3.Provisions on Administrative Penalties for Price Violations

Article 17: Business operators have the circumstances listed in article 27 of the "Administrative Punishment Law of the People's Republic of China".，Punishment shall be mitigated or commuted in accordance with law。Business operators have any of the following circumstances，Heavier penalties should be imposed:

(1) The price violation is serious or has a large social impact;

(2) Repeated investigations;

(3) Forgery、Alteration or transfer、Destruction of evidence;

(4) Transferring funds or commodities related to price violations;

(5) Business operators refuse to follow the provisions of paragraph 1 of article 16 of these Provisions to refund consumers or other business operators the overpaid price;

(6) Other price violations that should be punished heavily。

4.Measures for the Supervision and Handling of Contract Violations

5.Regulations for the Implementation of the Food Safety Law

Article 76: Food producers and traders shall follow the first paragraph of Article 63 of the Food Safety Law、The provisions of paragraph 2 shall cease production、business，Implement a food recall，or take other effective measures to mitigate or eliminate food safety risks，did not cause harmful consequences，Punishment may be mitigated or commuted。

6.Measures for the Administration of Food Recalls

Food producers and traders take the initiative to stop production and operation、Recall and disposal of unsafe food measures，Eliminating or mitigating harmful consequences，Punishment is to be mitigated or commuted in accordance with law;The circumstances of the violation are minor and corrected in a timely manner，There are no harmful consequences，No administrative punishment will be imposed。

7.Measures for the Supervision and Administration of Food Safety in Catering Services

Article 47: Catering service providers take the initiative to eliminate or mitigate the harmful consequences of illegal acts，or there are other statutory circumstances，Punishment shall be mitigated or commuted in accordance with law。

8.Drug Administration Law

Importing a small amount of drugs that have been legally marketed abroad without approval，The plot is minor，Punishment may be commuted or waived in accordance with law。

9.Measures for the Administration of Drug Recalls

10.Measures for the Administration of Medical Device Recalls

The medical device manufacturer recalls the medical device，They are not exempted from other legal responsibilities that they shall bear in accordance with law。

11.Product Quality Law

Article 55: Sellers sell products that are prohibited from sale under Articles 49 to 53 of this Law，There is sufficient evidence to prove that it did not know that the product was prohibited from sale and truthfully stated the source of its purchase，Punishment may be mitigated or commuted。

12.Detailed Rules for Punishment of Measurement Violations

13. Guiding Opinions on Regulating the Discretionary Power of Administrative Penalties for Market Supervision and Administration

Article 7: In any of the following circumstances，Administrative punishments shall be mitigated or commuted in accordance with law:

(1) A person who has reached the age of 14 but is not yet 18 years old has committed an illegal act;

(2) Actively eliminating or mitigating the harmful consequences of illegal acts;

(3) Being coerced by others to commit illegal acts;

(4) Cooperate with the market regulation departments to investigate and deal with illegal acts and have meritorious performance,This includes, but is not limited to, the parties' exposure of major illegal acts in the field of market regulation, or the provision of key clues or evidence for the investigation and handling of other major illegal acts in the field of market regulation,and verified to be true;

(5) Other administrative punishments that shall be mitigated or commuted in accordance with law。

Article 7: In any of the following circumstances，Administrative punishments may be mitigated or commuted in accordance with law:

(1) Actively cooperate with the market supervision department in the investigation，Truthfully stating the facts of the violation and proactively providing evidentiary materials;

(2) The offense is minor，Less harmful to society;

(3) Being tricked by others into committing illegal acts;

(4) Playing a secondary or auxiliary role in a joint violation;

(5) The parties have sufficient evidence to prove that there is no subjective intent or gross negligence;

(6) The person concerned has real difficulties in living due to disability or serious illness;

(7) Other administrative punishments that may be mitigated or commuted in accordance with law。

Four、Apply" from the weight、aggravating circumstances".

1.Provisions on Administrative Penalties for Price Violations

Business operators have any of the following circumstances，Heavier penalties should be imposed:

(1) The price violation is serious or has a large social impact;

(2) Repeated investigations;

(3) Forgery、Alteration or transfer、Destruction of evidence;

(4) Transferring funds or commodities related to price violations;

(5) Business operators refuse to follow the provisions of paragraph 1 of article 16 of these Provisions to refund consumers or other business operators the overpaid price;

(6) Other price violations that should be punished heavily。

Article 22 Any unit or individual has any price violation listed in these provisions，The circumstances are serious，refusal to make corrections，In addition to the punishment imposed by the government price department in accordance with these provisions，It is possible to announce its price violations，until it is corrected。

2.Trademark Law

Article 60 Where there are two or more acts of trademark infringement or other serious circumstances within five years，Heavier penalties should be imposed。

3.Regulations for the Implementation of the Food Safety Law

Article 67: In any of the following circumstances，It belongs to Articles 123 to 126 of the Food Safety Law、Article 132 and Article 72 of these Regulations、The circumstances provided for in Article 73 are serious：

(1) The value of the products involved in the illegal act is more than 20,000 yuan, or the illegal act lasts for more than 3 months；

(2) Causing foodborne illness and causing deaths，or more than 30 people were affected by foodborne illness without death；

(3) Intentionally providing false information or concealing the true situation；

(4) Refusal、Evading supervision and inspection；

(5) For violating food safety laws、Within one year after the administrative penalty was imposed, the same food safety violation was carried out，or for violating food safety laws、The regulations are subject to criminal penalties and then carry out food safety violations；

(6) Other situations where the circumstances are serious。

When a fine is imposed for a serious violation，It shall be punished severely and strictly in accordance with the law。

4.Measures for the Supervision and Administration of Food Safety in Catering Services

Article 46 Food safety supervision and management law enforcement of catering services，Article 85 of the Food Safety Law is involved、Article 86、Article 87 shall apply，”The circumstances are serious”This includes, but is not limited to, the following::

(1) They have received two or more relatively large fines or punishments within 12 consecutive months, or have received an administrative punishment of an order to suspend business once within 12 consecutive months;

(2) Causing a major social impact or having serious consequences such as deaths。

Article 48 In the same case of violation of food safety laws and regulations such as the Food Safety Law and the Regulations for the Implementation of the Food Safety Law，When there are two or more illegal acts that shall be subject to administrative punishment，The food and drug supervision and administration department shall make separate discretions，Combined penalties。

5.Pharmaceutical Law

Article 137:Any of the following conduct，Heavier punishments are to be given within the range of punishment provided for in this Law：

(1) Narcotic drugs、Psychotropic drugs、Toxic drugs for medical use、Radiopharmaceuticals、Pharmaceutical precursor chemicals are passed off as other drugs，or passing off other drugs as such drugs;

(2) Production、Sold to maternity、Counterfeit drugs that are mainly used by children、Inferior medicine;

(3) Production、Biological products sold are counterfeit medicines、Inferior medicine;

(4) Production、Sale of counterfeit medicines、Inferior medicine，Causing bodily injury consequences;

(5) Production、Sale of counterfeit medicines、Inferior medicine，Recidivism after treatment;

(6) Refusal、Evading supervision and inspection，forge、Destroyed、Concealment of relevant evidentiary materials，or use seizure without authorization、Seizure of items。

6.Regulations for the Implementation of the Drug Administration Law

Article 73 Violation of the Drug Administration Law and these Regulations，Committing any of the following acts，The drug regulatory department shall impose a heavier penalty within the punishment range specified in the Drug Administration Law and these Regulations：

(1) Narcotic drugs、Psychotropic drugs、Toxic drugs for medical use、Radiopharmaceuticals pass off as other medicines，or passing off other drugs as the above-mentioned drugs；

(2) Production、Sold to maternity、Counterfeit drugs mainly used by infants and children、Inferior medicine；

(3) Production、Biological products sold、Blood products are counterfeit medicines、Inferior medicine；

(4) Production、sale、Use of counterfeit medicines、Inferior medicine，Causing the consequences of personal injury；

(5) Production、sale、Use of counterfeit medicines、Inferior medicine，Repeat offenders after treatment；

(6) Refusal、Evading supervision and inspection，Or fake、Destroyed、Concealment of relevant evidentiary materials，or use seizure without authorization、seizure of items。

7.Measures for the Supervision and Administration of Drugs in Medical Institutions(Trial)》

Article 38 Violation of the relevant provisions of these Measures，and conceal the facts，Failure to truthfully provide items and records related to the items to be inspected、Vouchers and medical documents，obstructing or refusing to accept supervision and inspections，In accordance with the provisions of Article 79 of the Regulations for the Implementation of the Drug Administration Law, heavier punishment shall be imposed。

8.Measures for the Supervision and Administration of Drug Production

Article 69: The marketing authorization holder and the drug manufacturer fail to produce in accordance with the requirements of the Good Manufacturing Practice，One of the following situations:，It is a serious circumstance as provided for in Article 126 of the Drug Administration Law，Punishment shall be given in accordance with law：

(1) There is no special person in charge of quality who is independently responsible for drug quality management、Supervise the implementation of quality management standards；

(2) The marketing authorization holder of the drug does not have a special quality authorized person to perform the responsibility of drug marketing release；

(3) The drug manufacturer does not have a special quality authorized person to perform the responsibility of drug factory release；

(4) The quality management system cannot operate normally，Pharmaceutical production process control、The records and data of quality control are not true；

(5) Failure to take effective risk control measures in a timely manner for identified risks，Product quality cannot be guaranteed；

(6) Other serious violations of good manufacturing practices。

9.Regulations on the Supervision and Administration of Cosmetics Production and Operation

Article 61: In any of the following circumstances，It is a serious circumstance stipulated in the Regulations on the Supervision and Administration of Cosmetics：

(1) The use of raw materials prohibited from being used in the production of cosmetics、The production of children's cosmetics is made from new raw materials that should be registered but not registered，or the illegal addition of substances that may be harmful to human health in children's cosmetics；

(2) Intentionally providing false information or concealing the true situation；

(3) Refusal、Evading supervision and inspection；

(4) Committing an illegal act of the same nature within 1 year after receiving an administrative penalty for a cosmetic violation，or for violating the law on the quality and safety of cosmetics、After the regulations were criminally punished, they committed cosmetics quality and safety violations；

(5) Other situations where the circumstances are serious。

When a fine is imposed for a serious violation，It shall be punished severely and strictly in accordance with the law。

10.Detailed Rules for Punishment of Measurement Violations

Article 27: In any of the following circumstances，Impose heavier punishments on the upper limit of the prescribed punishment range：

(1) Repeated attempts to teach and do not change；

(2) Knowingly committing a crime；

(3) Making it difficult to supervise, inspect or verify under the pretext of excuses；

(4) The consequences are serious、Harmful；

(5) Transfer、Destroying evidence or changing the original technical state of measuring instruments related to the case without authorization；

(6) Giving false testimony、Perjury or threats to induce others to testify falsely、Perjury。

11. Guiding Opinions on Regulating the Discretionary Power of Administrative Penalties for Market Supervision and Administration

Article 7: In any of the following circumstances,May be given a heavier administrative punishment in accordance with law:

(1) The illegal act causes serious harmful consequences such as personal injury or death or major property damage to others;

(2) In the event of a natural disaster、Accident disaster、Committing illegal acts during a public health or social security incident;

(3) Abetment、stress、Inducing others to commit illegal acts;

(4) Having received criminal punishment for illegal acts of the same nature,or have received an administrative punishment for illegal conduct of the same nature within one year;

(5) Obstructing or refusing to cooperate with administrative law enforcement personnel in performing their duties in accordance with law or retaliating against administrative law enforcement personnel;

(6) Hidden、transfer、Sold、The department for the department of market regulation of damage is to seal it in accordance with law、Seized property or evidence that has been registered and stored in advance,Except where the market regulation departments have already punished the conduct described above in accordance with law;

(7) Forgery、conceal、Destroy the evidence;

(8) Other heavier administrative punishments may be imposed in accordance with law。

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