中华人民共和国标准条例-第5部分
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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。
