SELECT content FROM law_ref_lang_word WHERE word_id=281 AND lang_id=3 FirstLaw 第一國際法律事務所
【Non-action litigation】
  • The Purpose of Legislation                                                                                                 

                    According to Article 1 of the Consumer Protection Law,this law is enacted for the purposes of
                    facilitating the safety of the consumer life of nationals, and improving the quality of the consumer
                    life of nationals.

  • The Responsibility of Business Operators                                                                        

                    ◎  The Obligation of Manufacturers(or Service Providers)

                          1.Business operators engaging in the design, production or manufacture of  goods or in
                                  the provisions of services shall ensure that goods and services provided by them meet
                                  and comply with the contemporary technical and professional standards of the
                                  reasonably expected safety prior to the sold goods launched into the market, or at the
                                  time of rendering services.

                          2.Where goods or services may endanger the lives, bodies, health or properties of
                                  consumers, a warning and the methods for emergency handling of such danger shall
                                  be labeled at a conspicuous place.

                          3.Business operators violating the foregoing provisionsand thus causing injury to consumers
                                  or third parties shall be jointly and severally liable therefor, provided that if business
                                  operators can prove that they are not guilty of negligence, the court may reduce their
                                  liability for damages.(Namely,the business operatorsshould be still liable)

                          4.Where business operators allege that their goods or service arein compliance with the
                                  contemporary technical and professional standards, of reasonably expected safety, they
                                  are required to produce evidence in support thereof.

                    ◎  The Responsibilityof Distributors

                          1.Business operators engaging in distribution of goods and sales shall be jointly and severally
                                  liable for damages with those business operators engaging in the manufacture of goods
                                  with respect to injury caused by such goods, provided that if
they have exercised due
                                  care for the prevention of such injury, or even if they had exercised due care, injury
                                  would still have occurred, such joint and several liability shall not be applicable.

                          2.If the distributors retrofit goods or package bulk goods into smaller units or alter the nature
                                  of services shall be deemed as the goods manufacturer.

                    ◎  The ResponsibilityofImporter

                          Business operators engaging in the importation of goods or services shall be deemed as the
                          manufacturers of such goods and shall therefore bear the liability of producers of the related goods.

                    ◎  Callback Obligations

                          Where there are facts sufficient to prove the existence of suspicion that goods or services 
                          provided will endanger the safety and health of the consumers, business operators shall
                          immediately recall such goods or discontinue such services. For instance, a car dealer notified
                          the owners of the certain type of cars to go back to the factory for auto check and repair
                          because of the risk of brutal strike.

                    ◎  The Prohibition of Being Limited or Exempted in Advance

                          In accordance with the provisions, the liability for damages of business operators to customers
                          set forth in this law shall be prohibited from being limited or exempted in advance.
 

  • The Obligations of Business Operators                                                                             

                    ◎  The Obligations of Accurate Advertisements

                          Business operators shall ensure the accuracy of the contents of advertisements and their
                          obligations to consumers shall not be less than what is stated in the advertisements. For
                          example: If the advertisement states the Pre-Sales House is with a standard swimming pool,
                          then a standard swimming pool must be
established rather than a paddling pool. Otherwise
                          the business operators and advertiser who have known that the contents of the advertisements
                          are false advertising, both shall be jointly and severally liable.

                    ◎  Obligation of Label Instructions

                          Business operators shall label on the products or for services in accordance with the Products
                          Labeling Law and other relevant laws and regulations. Imported goods or services in foreign
                          language shall be accompanied with labels and instructions in Chinese, the contents of which
                          shall not be less comprehensive than the contents of their origin. 

                    ◎  Furnish the Written Quality Warranties

                          Business operators shall provide necessary packaging to preserve the goods in accordance 
                          with the nature of and supplied practice for goods provided by them.

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