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    3. 易展國際
      Trade  Dynamic
      Law of the People's Republic of China on Import and Export Commodity Inspection (Ⅲ)
      Release Time: 2008/3/24 0:00:00        From: Made In China.com        Visits: 245335        Font Size: Large  Middle  Small
      Law of the People's Republic of China on Import and Export Commodity Inspection (Ⅲ)
       
      Article 31 The State administration for commodity inspection and the commodity inspection authorities shall establish a sound system for internal supervision, and conduct supervision and inspection on the execution of laws by their staff members. 
       
      The limits of duties and powers of the key posts for accepting applications for inspection, conducting inspection and issuing certificates to relea******modities shall be explicitly defined, so that they are separate from each other and are mutually conditioned.
       
      Article 32 Any unit and individual shall have the right to accuse and inform against the violations of laws and rules of discipline committed by the State administration for commodity inspection, the commodity inspection authorities and their staff members. The departments receiving the accusations and information shall, in accordance with law and the division of duties, investigates and deal with them without delay, and shall keep secret for the accusers and informers.
       
      Chapter V Legal Responsibility
       
      Article 33 Where a person, in violation of the provisions of this Law, sells or uses the import commodities subject to inspection by the commodity inspection authorities, for the inspection of which he fails to file an application and which have not undergone inspection, or exports the commodities for export subject to inspection by the commodity inspection authorities, for the inspection of which he fails to file an application and which fail to pass the inspection, his unlawful gains derived therefrom shall be confiscated by the commodity inspection authorities and, in addition, be fined not less than five percent but not more than twenty percent of the value of the commodities; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law.
       
      Article 34 Where a unit, in violation of the provisions of this Law and without permission by the State administration for commodity inspection, conduct inspection and survey of import and export commodities, the commodity inspection authorities shall order it to desist from the illegal operation; confiscate its unlawful gains derived therefrom and, in addition, impose on it a fine of not less than the amount of, but not more than three times the amount of, the unlawful gains.
       
      Article 35 Where a person imports or exports commodities which are *****erated or mixed with fake commodities, spurious commodities as genuine ones or defective commodities as good ones, or unqualified commodities as qualified ones, the commodity inspection authorities shall order him to desist from importing or exporting commodities, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not less than fifty percent of, but not more than three times the amount of, the value of the commodities; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law.
       
      Article 36 Where a person fabricates, *****erates, deals in or steals commodity inspection certificates or documents, seals or stamps, marks, sealing or quality certification marks, he shall be investigated for criminal responsibility according to law; and if the violation is not serious enough for criminal punishment, the commodity inspection authorities shall order him to rectify, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not more than equivalent of commodities value.
       
      Article 37 Where a staff member of the State administration for commodity inspection or the commodity inspection authorities, in violation of the provisions of this Law, divulges the commercial secrets of which he is aware, he shall be given an administrative sanction according to law; his unlawful gains, if any, shall be confiscated; and if the violation constitutes a crime, he shall be prosecuted for criminal responsibility according to law.
       
      Article 38 Where a staff member of the State administration for commodity inspection or the commodity inspection authorities abuses his power, intentionally creates difficulties, engages in malpractices for personal gain, fabricates inspection results or neglects his duty and delays the inspection of commodities and the issuance of certificates, he shall be given an administrative sanction according to law; and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law.
       
      Chapter VI Supplementary Provisions
       
      Article 39 The commodity inspection authorities and other inspection bodies that conduct inspection or providing inspection and survey services in accordance with the provisions of this Law shall collect fees according to relevant State regulations.
       
      Article 40 Regulations for the implementation of this Law shall be formulated by the State Council.
       
      Article 41 This Law shall go into effect as of August 1, 1989.
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      欧美高清狂热视频+视频
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