The entry price is 1.2 yuan potatoes to sell 2 yuan to be fined 300,000. Is this reasonable punishment?
Author:Qinghai Pu Law Time:2022.09.03
After "5 pounds of celery were fined 66,000 yuan"
Potato with a price of 1.2 yuan in Daqing, Heilongjiang Daqing
The price rose from 1.4 yuan/jin to 2 yuan/jin
Judged by the local market supervision and administration bureau
There are illegal behaviors of raising prices
The highest price difference rate is 66.66%
Recently, the sales price of 1.2 yuan/jin of potatoes with a price of 1.2 yuan/jin of Daqing Daqing, the sales price increased from 1.4 yuan/jin to 2 yuan/jin, which was fined 300,000 yuan, causing attention.
According to the Daqing Daily, on August 20, law enforcement officers of the Daqing Market Supervision and Administration Bureau found in the inspection that there was an illegal act of raising prices in the agricultural approval of the King of Potatoes in the Agricultural Cities. After investigation, the price of potatoes with a price of 1.2 yuan/jin of the business department increased from 1.4 yuan/catties to 2 yuan/jin, and the highest price difference rate reached 66.66%. Law enforcement officers believe that Wang San's Tudou's operation department uses his business scale advantage to use the epidemic to make prices, seriously disrupt the market operation order, and the circumstances are harsh, and he plans to impose a fine of 300,000 yuan in illegal acts of the operator.
In addition, the Daqing Market Supervision Bureau also announced a group of cases that coaxed prices, of which daily vegetables exceeded the maximum differential rate of 10,000 yuan to 30,000 yuan. details as follows:
Swipe up and read
① A US fruit and vegetable store in Salu District, Daqing City plans to punish 10,000 yuan:
The price of cucumber is 3.5 yuan/catties, the price is 4.58 yuan/catties, and the price increase rate is 30.9%;
The inlet price of green onions is 3.5 yuan/catties, the price is 4.58 yuan/catties, and the price increase rate is 30.9%;
The price of white round green onion is 1.2 yuan/catties, the price is 1.58 yuan/catties, and the price increase rate is 31.7%;
The entry price of potatoes is 2.2 yuan/catties, the price is 2.88 yuan/catties, and the price increase rate is 30.9%;
The price of green bamboo shoots is 3.8 yuan/catties, the price is 4.99 yuan/catties, and the price increase rate is 31.3%.
② Baihu Jiajia Tesco Supermarket in Salu District, Daqing City plans to punish 20,000 yuan.
The entry price of Dalong eggplant is 2.07 yuan/jin, the price is 2.98 yuan/catties, and the price increase rate is 43.9%;
The average entry price of potatoes is 1.45 yuan/catties, the price is 1.98 yuan/catties, and the increase rate is 36.5%.
③ Daqing High -tech Zone Huiming Life Fresh Supermarket plans to punish 20,000 yuan.
The price of cucumber is 5 yuan/catties, the price is 7.98 yuan/catties, and the price increase rate is 59.6%;
The price of celery is 4 yuan/catties, the price is 6.98 yuan/catties, and the price increase rate is 74.5%.
④ Daqing High -tech Zone Lexian Life Supermarket plans to punish 20,000 yuan.
The price of cabbage is 2 yuan/catties, the price is 2.98 yuan/catties, and the price increase rate is 49%;
Eggplant input price is 3 yuan/catties, priced at 4.98 yuan/catties, and the price increase rate is 66%.
⑤ Yingyang Guolong Supermarket, Longfeng District, Daqing City plans to punish 10,000 yuan.
The input price of oil beans is 5.5 yuan/catties, the price is 8.98 yuan/catties, and the increase rate is 63.27%.
⑥ Daqing City Jiubao Fruit and Vegetable Supermarket was placed to be punished by 0.5 million yuan.
The price of potatoes sold is 2 yuan/catties, the price is 3 yuan/catties, and the price increase rate is 50%.
⑦ Daqing City's Fengze Garden Qingguo Fresh Supermarket plans to punish 10,000 yuan.
The entry price of potatoes is 1.3 yuan/catties, the price is 1.88 yuan/catties, and the increase rate is 44.6%.
⑧ Daqing City's hopes for Huilu District to punish 30,000 yuan.
The entrance price of the angle melon is 1.34 yuan/catties, the price is 1.98 yuan/catties, and the price increase rate is 47.76%;
The inlet price of cowpea is 3.4 yuan/catties, the price is 4.98 yuan/catties, and the increase rate is 46.47%;
The inlet price of broccoli is 3.65 yuan/jin, the price is 4.98 yuan/catties, and the price increase rate is 36.44%;
The price of screw peppers is 3.7 yuan/catties, the price is 4.98 yuan/catties, and the price increase rate is 34.59%.
Daqing Market Supervision Bureau response: Reasonable punishment
On August 31, a staff member of the Daqing Market Supervision Bureau said: "He is a wholesaler, according to the judicial announcement issued by Heilongjiang Province to respond to the new crown virus infection headquarters, to ensure that the market price is basically stable during the new crown virus infection, and severely cracks down on prices to raise prices. Behavior, effectively maintain the market order. The announcement requires that the market supervision departments at all levels are acting in accordance with the law according to the law, and they will be punished by the law according to law. "
此外,该工作人员表示,《中华人民共和国价格法第40条第一款,价格违法行为行政处罚规定第六条》有下列推动商品过快过高上涨行为之一责令改正,没收违法所得,并The fines of less than 5 times the illegal income; if the income is not confiscated, a fine of 50,000 and 500,000 yuan is imposed.
"Penalties are reasonable, and this is an important basis for ensuring people's livelihood. In the early stages of the epidemic, the price controlled, the people could only buy food for food, and if they did not fight from the source Is the staff member responding.
"Price Law of the People's Republic of China"
Article 14 The operator shall not have the following improper prices:
(3) Moving, spreading price increase information, raising prices, and promoting the high rise in commodity prices;
Article 40, one of the operators who have one of the actions listed in Article 14 of this Law, or order to make corrections, confiscate illegal income, and be fined below the illegal income to five times; if there is no illegal income, they will be warned. If the circumstances are serious, the case is ordered to suspend business or revoke the business license by the industrial and commercial administrative authority. If the legal punishment and penalties of the actions listed in Article 14 of the Law may be implemented in accordance with the provisions of the relevant laws. Use the epidemic to lift the price
In addition to might assume administrative responsibility
It may also bear civil and even criminal responsibility
From a civil perspective
Merchants at a obvious unreasonable price
The behavior of selling goods
It belongs to "Lost Fairness"
This belongs to the "Civil Code" regulations
Civil legal behavior that can be revoked
If consumers (buyers) have any objections
Can be required to cancel the relationship between the sale and selling contract
Return
Make up prices is not a crime.
But if the epidemic or other urgent situations
Violations of national market operations, price management and other regulations
Stocking and coaxing the value of materials
The amount of illegal profits reaches more than 10,000
Criminal responsibility in accordance with "illegal business crime"
Discover the price
Let's report these two telephones!
Illegal behavior of discovering the price of prices
Dial the government hotline in time
12345, 12315
Complaints
Article Source: Guangdong Pu Law Comprehensive Daily Daily, Shandong Commercial Daily, Sichuan Law
Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.
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