What are the cases that can be "not punished for the first violation"?Look at the typical case announced by the Chengdu Market Supervision Bureau

Cover reporter Wu Bingqing intern Zhou Wu Junyan

"The market regulatory authorities implement the" first violation of no punishment ", which allows us to understand the standard of the law and feel the temperature of the law. In the future, we must learn from lessons, study the law carefully, and resolutely fulfill the responsibility of the market." The law enforcement department informed that "the decision will not be punished", the parties involved in the case said.

On the one hand, the "Iron Fist" action is carried out in depth, and the people strictly hit the people to report illegal acts that are strongly and seriously damage the interests of consumers. In the temperature of law enforcement, the Chengdu Market Supervision Bureau has eaten a "Xinxin Wan" for the steady growth of market players, lighting forward, and running with peace of mind. It is an important measure to help enterprises and stabilize the market subject to maintain employment.

The main body of the market is the "Qingshan" of economic development.

At the end of last year, the applicable rules (trial) in the market supervision field of Sichuan Province were officially implemented. In the first half of this year, among the 15 policies and measures to help enterprises and enterprises issued by the Chengdu Market Supervision Bureau, it also clearly implemented the "five lists" of tolerance and prudent supervision, increased flexible law enforcement, and added the first violation of the mild illegal acts in the field of market supervision. The list of non -penalty matters and the list of matters that are not given administrative compulsory measures. At the same time, in principle, "can be educated without punishment, can correct non -fines, and must be fined for a limit." "Small mistakes" affect survival and development.

On July 14, the reporter learned from the Chengdu Market Supervision Bureau that in the past year, market supervision departments at all levels at all levels of Chengdu have not been paid 166 cases of administrative penalties shall be handled in accordance with laws and regulations such as the People's Republic of China Administrative Penalty Law and related regulations.

What are the cases that can be "not punished for the first violation"? The bureau announced the first six typical cases.

Case 1: Chengdu Metal Products Co., Ltd., which was investigated and dealt with by the Market Supervision Bureau of Jinniu District, released a false advertising case

During the on -site inspection of the Jinniu District Market Supervision Bureau, it was found that the company sold the "Metal Product File Cabinet" on the e -commerce platform and used the "best choice" to publicize the promotional term on the e -commerce platform.

After investigation, the "Quality Inspection Report" provided by the parties is qualified every year, and has obtained the "product quality stable and excellent enterprise" certificate, "quality, service, reputation AAA enterprise" certificate, etc., but it cannot provide "best choice" Related evidence.

The parties violated the laws and regulations in the field of market supervision for the first time within three years, and deleted the "best choice" propaganda term on the day of the investigation. According to the relevant provisions of Article 2 of the "Sichuan Provincial Market Supervision Field" list of "First Crims" list, the Jinniu District Market Supervision Bureau shall order it to correct and decide not to be administrative penalties.

Case 2: Chengdu Biological Engineering Co., Ltd., which was investigated and dealt with by the Market Supervision Bureau of Qingbaijiang District, issued a false advertising case

When the Qingbaijiang District Market Supervision Bureau inspected the Biological Engineering Co., Ltd. of Chengdu, it was found that the parties selling blueberry lutein lutein grease tablets on the e -commerce platform were suspected of false advertisements and made a case investigation.

After investigation, the citations of lutein cited by the party's product advertisement "play a role in filtering blue light, inhibiting oxidation, preventing diseases, etc., and effectively preventing the body's aging, such as cardiovascular sclerosis, coronary heart disease and other symptoms". " After the source is not marked, after being investigated, the publicity content of the website has been deleted.

The parties were illegal for the first time and actively cooperated with the investigation. They truthfully stated the facts of illegal facts and proactively provided evidence materials, proactive rectification, and the violation of the law was slight. According to the relevant provisions of Article 33 of the People's Republic of China Administrative Penalty Law, Qingbaijiang District Market Supervision Bureau educated it and decided not to be punished by administrative penalties.

Case 3: The sauerkrautfish restaurant investigated and dealt with by the market supervision bureau of the Yishi City is not permitted to engage in food business activities without permission

According to the monitoring of the takeaway platform, the Market Supervision Bureau of Langshi conducted an on -site inspection of a sauerkraut fish restaurant in Lahi City and found that the store had a business license, but the food business license had exceeded 11 days.

After investigation, during the expired period, the parties sold a total of 9 orders on the takeaway platform with a amount of 1086 yuan. The parties were corrected in time after being investigated and dealt with, and immediately continued to apply for a food business license.

According to the "Food Operation License Permit" in the "Sichuan Provincial Market Supervision Field" "First Violations" list "Food Operation License's Validity;" Applicable Conditions: "1. illegal Acts for the Destiny of illegal Actions is less than 1 month; Or it has been sold and the value of the goods is less than 3,000 yuan; 3. Foods and food additives operating illegal operations meet food safety standards, and there are no other illegal issues in quality, labels, etc. ; 5. It does not cause personal damage and property losses of consumers, or although the property losses are caused, they have been compensated in accordance with the law. "The provisions of the market supervision bureaus have conducted educational norms on the parties and decided not to give administrative penalties.

Case 4: Sichuan Gas Equipment Co., Ltd., investigated and dealt with by the Market Supervision Bureau of Wuhou District, propaganda patents on the self -set website but did not marked the patent type and patent number case

According to the report, the Wuhou District Market Supervision Bureau conducted on -site inspections on a Sichuan Gas Equipment Co., Ltd. and found that on its own website, its product "Super Energy Permanent Magnetic Inverter two -level compressed air compressor" Asymmetric patent line type, but the webpage is not marked with patent types and patent numbers. After investigation, the parties held a valid "Business License", and the product webpage of "Super Energy permanent Magnetic Inverter" product webpage did not marked the patented type and patent number, but the patent of the product was legal and effective.

The parties belonged to the initial illegal. After the discovery of illegal acts, it was rectified immediately. It actively cooperated with the investigation. The click volume was low and the social harm was mild. The regulatory bureau conducted educational norms and decided not to give administrative penalties.

Case 5: A fast food restaurant in Xindu District, which is investigated and dealt with by the Market Supervision Bureau of Xindu District, released a false advertising case

According to the complaint report, the New Metropolitan Market Supervision Bureau conducted on -site inspections of the fast food restaurants operated by Zhong Mou, and found that the parties promoted the "CCTV CCTV Recommended brand Chengdu's best yellow steak chicken chain brand" on the takeaway platform. advertise.

After investigation, the fast food restaurant is a franchise store in Chengdu Catering Management Co., Ltd., and the "CCTV CCTV Recommended Brand" promoted in the store and the takeaway platform is authorized by the main store. The head store and "CCTV" signed the "Advertising Release Business Contract". The two parties have cooperative relationships and do not constitute illegal. The dishes sold by the parties on the takeaway platform store are titled to enlarge the font of zooming and black. The "Chengdu's best Huangpu Chicken Chain Brand" has not used the zoom font of the platform store. After the incident, rectification has been rectified after the incident Essence

In view of the initial illegal of the store, the time of illegal behavior is short, the content of illegal content is not the main content of the advertising, the fonts are not significantly marked, and the consumer's personal damage and property losses are not caused; The Sichuan Provincial Market Supervision List of "First Violations" List of List ", the New Metropolitan Market Supervision Bureau conducted educational specifications and decided not to give administrative penalties.

Case 6: A dairy industry Co., Ltd., which is investigated and dealt with by the Chengdu Market Supervision Bureau, is suspected of infringing the Olympic symbol exclusive rights

According to a complaint, the intellectual property protection law enforcement detachment of the Chengdu Market Supervision and Law Enforcement Corps has verified the clue of the Olympic Signing of the Olympic Sign in a Dairy Co., Ltd.

After investigation, the company used the words such as "Winter Winter Olympics" and "#Beijing 2022 Winter Olympics#" on the official Weibo on January 27, 2022. On February 1, the initiative to modify the article and delete it after deleting it. During the relevant Olympic logo, during the period, the links involving the Olympic signs were 29. Afterwards, the company organized employees to conduct training on relevant intellectual property laws and regulations such as the Olympic Logo Protection Regulations.

The behavior of the parties is in line with the "Application Rules for the" First Violations "list in the field of market supervision in Sichuan Province". It belongs to the situation where the first illegal and the harmful consequences have been promptly corrected. A second item and the relevant provisions of the "Implementation Opinions of the Chengdu Market Supervision Administration on Promoting Flexible Law Enforcement", the Chengdu Market Supervision Bureau will not establish the case, give administrative warning to the parties, and informed the results of the Beijing Winter Olympics. Organization Market Development Department.

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