Zhongxin Finance, June 2. According to the news on the website of the State Administration of Market Regulation on June 2, in order to thoroughly implement the requirements of the Party Central Committee and the State Council on improving price supervision rules, further improve the legalization and standardization of price supervision work, and regulate the behavior of operators to clearly mark prices. , to prevent and stop price gouging, maintain market price order, and protect the legitimate rights and interests of consumers, operators, and social public interests. The State Administration of Market Supervision recently announced the "Regulations on Clearly Labeling Prices and Prohibiting Price Gouging" (hereinafter referred to as the "Regulations").
On the basis of comprehensively sorting out and refining the main contents of the original "Regulations on Implementing Clearly Priced Products and Services", "Prohibition of Price Gouging" and its supporting documents, the "Regulations" are aimed at new problems arising in law enforcement practice, new economic and new The new features of the price-listing behavior of business operators and the new forms of price violations have further improved the price supervision system and rules in accordance with the new requirements of the newly revised "Administrative Punishment Law of the People's Republic of China" in 2021.
The "Regulations" refine and clarify the rules of clearly marked price, supplement and improve the identification standards and corresponding legal responsibilities of some price violations. A competitive and fully open national unified large market provides the support of the rule of law.
In terms of clearly marked prices, the "Regulations" clarified the main price elements that operators should mark when selling commodities or providing services and the pricing principles to follow, and compared the forms of clearly marked prices for selling goods or providing services through the Internet and other means. Flexible regulations.
Under the premise of fully protecting the legitimate rights and interests of consumers and other business operators, local market supervision departments at or above the city level with districts are authorized to specify the price information that should be marked for specific commodities or services, so as to better adapt to economic and social development.
In terms of price fraud determination, it clarifies the specific requirements of operators when conducting price comparison, discount, price reduction and other activities, lists typical price fraud behaviors that are prohibited, and emphasizes that when determining price fraud behaviors, the subjective maliciousness of the parties should be taken as important factors to consider, and put forward clear requirements for the price-listing behavior of online trading operators.
At the same time, a reasonable distinction is made between price fraud and non-price fraud, and there is clear evidence sufficient to prove that there is no subjective intention, and the actual transaction price can enable consumers or other operators who transact with them to obtain greater price concessions, etc. It is not price fraud.
In terms of legal liability, the "Regulations" adhere to the "Price Law of the People's Republic of China" and the "Administrative Penalty Law of the People's Republic of China" and adhere to the principle of equal punishment. At the same time, it stipulates the circumstances of lighter, reduced or no punishment according to law.
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