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中华人民共和国标准条例-第5章

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marketing and importing  products  which  fall  short  of  the  pulsory
standards; the persons directly  responsible  shall  be  investigated  for
criminal liabilities by the judicial organs according to law。
Article 35
Where products which have obtained attestation certificates and  are  sold
with attestation marks are  not  up  to  the  attestation  standards;  the
administrative departments in charge of standardization  shall  order  the
relevant units to stop their sales and impose a fine twice the  amount  of
the illegal  gains  or  less。  In  more  serious  cases;  the  attestation
departments shall revoke their attestation certificates。
Article 36
If any units sell their goods with attestation marks when the  goods  have
not been attested or have been rejected in attestation; the administrative
departments in charge of standardization shall order them  to  stop  their
sales and impose a fine three times the amount of  the  illegal  gains  or
less on these units and a fine of 5;000 yuan or less  on  the  persons  in
charge of these units。
Article 37
Litigants that disagree  with  penalties  of  confiscation  of  goods  and
illegal gains and fines; may; within 15 days of receipt of notification of
such penalties;  apply  for  reconsideration  to  the  organs  immediately
superior to the authorities which have meted out the penalties。 A litigant
that disagrees with a reconsideration decision; may;  within  15  days  of
receipt of the reconsideration decision;  file  a  suit  with  a  people's
court。 A litigant may also directly file a  suit  with  a  people's  court
within 15 days of receipt of notification of the penalties。 If a  litigant
neither applies for a reconsideration nor files a  suit  with  a  people's
court nor performs the penalty decision; the department which has made the
decision shall apply to the people's court for mandatory enforcement。
Article 38
The penalties provided for in Articles 32 to 36 of these Regulations shall
not exempt the litigant from the damages liabilities arising therefrom。
Those who have suffered damages have the right to claim pensation  from
the persons held responsible。 Damages liabilities and  disputes  over  the
amounts of pensation may be dealt with by the  relevant  administrative
authorities and the litigants may  also  directly  file  a  suite  with  a
people's court。

Article 39
Persons in  charge  of  supervision;  examination  and  administration  of
standardization work that mit one of the following acts shall be  given
administrative sanctions by the relevant petent authorities; if  crimes
result  from  those  acts;  they  shall  be  investigated   for   criminal
liabilities by the judicial organs according to law:
(1) making errors that cause damage in violation of certain provisions  of
these Regulations;
(2) forging and tampering with examination data;
(3) engaging in self…seeking misconduct; abusing power and asking for  and
accepting bribes。
Article 40
All the revenue derived from confiscation and pecuniary penalties shall be
turned over to the state treasury。 The fines imposed on units must all  be
paid from their own funds and may not be included in the cost。  The  fines
imposed on the persons held responsible may not be reimbursed with  public
money。
    【章名】  Chapter VI Supplementary Provisions

Article 41
Regulations concerning standardization administration  applicable  in  the
Army shall be separately formulated by the State Council and the  Military
mission of the Central mittee of the munist Party of China。
Article 42
Regulations  concerning   standardization   administration   for   project
construction shall be separately formulated by the petent department in
charge of project construction under the State Council in accordance  with
the Standardization Law and the relevant provisions of these Regulations。
They shall go into effect after the approval by the State Council。
Article 43
These Regulations shall be interpreted by the State Bureau  of  Technology
Supervision。
Article 44
These Regulations shall go into effect as of the date of promulgation。
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