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The Municipal Food and Drug Administration formulates a flow chart for the acceptance of 12331 consultation, complaints and reports, draws the whole process from acceptance to reply to feedback, clarifies personnel responsibilities, strengthens supervision and assessment, and ensures the quality of handling 12331 consultation, complaints and reports.
First, there is a strict time limit, law enforcement officers must follow the operation steps indicated in the "12331 Consultation and Complaint Report Handling Process" when handling complaints and reports, and rush to the scene and feedback the preliminary investigation results within the specified time limit.
The second is to clarify work responsibilities, handle consultations, complaints and reports in strict accordance with the procedures of acceptance, approval, transfer, tracking, feedback, case closure, and archiving, strengthen confidentiality, and put an end to problems such as prevarication, ridicule, ineffective investigation, and ventilation and reporting.
The third is to insist on return visit review, for the reported cases that have been verified, the inspectors are required to hand over the handling situation to the acceptance personnel for a return visit after the completion of the case, and timely feedback the handling situation to the 12331 center.
Fourth, strict work discipline, failure to handle in a timely manner in accordance with the provisions of the "12331 Consultation, Complaint and Report Handling Procedure" leads to the 12331 Center urging and supervising; or where the handling of the case is untrue or not handled or transferred in accordance with provisions, the responsibility of the relevant personnel is to be pursued.
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12315 will be accepted 5-7 days after the report. Accept complaints that meet the requirements and inform the complainant; Complaints that do not meet the requirements will not be accepted, and the complainant will be informed of the reasons for not accepting them, and the parties can also directly log in to the official ** to inquire about the progress of the processing of the reported information. According to relevant laws and regulations, e-commerce platform operators shall follow the principles of openness, fairness, and impartiality, formulate platform service agreements and transaction rules, and clarify rights and obligations in areas such as entering and exiting the platform, ensuring the quality of goods and services, protecting consumers' rights and interests, and protecting personal information.
Legal basisArticle 23 of the Product Quality Law of the People's Republic of China.
Social organizations protecting consumers' rights and interests may suggest that the relevant departments be responsible for handling product quality issues reported by consumers, and support consumers in bringing lawsuits to the people's courts for harm caused by product quality.
1. Infringement in violation of the principle of good faith, selling fake and shoddy products, shoddy products, and replacing old with new;
3. The behavior of infringing on consumers' right to seek knowledge and obtain education is mainly aimed at some behaviors that are not in place after after-sales service;
4. Malicious fraud and false offers, mainly for false advertising or publicity that is not in line with the actual product.
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If the 12336 report is not handled after the report, the whistleblower can only go to the petition department of the Ministry of Land and Resources to report. Generally speaking, according to the normal working procedures, after citizens report through 12336, if they belong to the scope of the 12336 WeChat platform, and belong to the competent department of land and resources at the same level; The informant shall be informed within seven working days, and the competent department of land and resources at the same level will verify and deal with the illegal leads.
Land Management Law of the People's Republic of China
Article 66.
The competent departments of natural resources of the people's ** at or above the county level shall supervise and inspect violations of land management laws and regulations. Land management supervision and inspection personnel shall be familiar with land management laws and regulations, loyal to their duties, impartial law enforcement.
Land Management Law of the People's Republic of China
Article 68 refers to the remainder.
Land management supervision and inspection personnel performing their duties, need to enter the site for surveying, require relevant units or individuals to provide documents, materials and explanations, shall present land management supervision and inspection certificates.
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Accept. 12331 is a food and drug complaint, according to the relevant laws and regulations, as long as the complainant and whistleblower provide objective and true complaint and report materials and evidence, explain the basic process of the matter, and provide detailed information such as the name, address, and specific behavior of the alleged illegal object, it will be accepted. The food and drug complaint and reporting agency is responsible for accepting food and drug complaints and reports.
For food and drug complaints and reports received directly, the food and drug supervision and administration department shall transfer them to the food and drug complaint and reporting agency at the same level within 5 days from the date of receipt; If there is no food and drug complaint and reporting agency at the same level, it shall be transferred to the department responsible for the management of complaints and reports within 5 days from the date of receipt.
Article 3 of the "Provisions on Administrative Punishment Procedures for Market Regulation" The implementation of administrative punishments by the departments for market regulation shall follow the principles of fairness and openness, persist in combining punishment and education, and ensure that the facts are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the punishment is appropriate. Article 4: The departments for market regulation are to implement a recusal system for administrative punishments. Where relevant persons participating in the handling of a case have a direct interest in the case or have other relationships that might impact fair law enforcement, they shall recuse themselves.
The recusal of the principal responsible person for the market regulation department is to be decided upon by the responsible person for the market regulation department through collective discussion; The recusal of other responsible persons of the departments for market regulation is to be decided by the principal responsible person for the departments for market regulation; The recusal of other relevant personnel is to be decided by the responsible person for the market regulation department.
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Legal Analysis: 12315 complaints will generally be accepted within 7 days. Stool fiber.
Legal basis: "Measures for the Handling of Consumer Complaints by the Administrative Department for Industry and Commerce" Article 15 The administrative department for industry and commerce with jurisdiction shall, within seven working days from the date of receipt of the consumer complaint, handle it and inform the complainant: (1) the complaint that meets the provisions shall be accepted, and the complaint shall be accepted and the complainant shall be informed 2) the complaint that does not meet the requirements shall not be accepted, and the complainant shall be informed of the reasons for not accepting it.
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Generally, the case can be accepted and informed within seven working days, and the mediation will be terminated within sixty days, and the mediation shall be terminated if the mediation fails. Where it is necessary to conduct an appraisal or testing, the time for the appraisal or testing is not counted within 60 days.
Complaints should be subject to the following conditions:
1) There is a clear respondent; Know the specific business information, such as the store name, address, **, etc.
2) There are specific requests for appeals, facts, and reasons;
3) It is within the jurisdiction of the administrative organ for industry and commerce; (The scope of jurisdiction can be divided into: responsible for market supervision and management and administrative law enforcement.) The scope of jurisdiction involves: functional and territorial).
How long will it take for 12315 complaints to be processed12315 complaints will be processed in up to 7 days. In accordance with Article 15 of the relevant laws, the administrative department for industry and commerce with jurisdiction shall handle the complaint and inform the complainant within seven working days from the date of receipt of the consumer complaint. Article 29: The administrative department for industry and commerce with jurisdiction shall conclude mediation within 60 days of accepting consumer complaints; If mediation fails, the mediation shall be terminated.
4) Consumers need to purchase or use goods or receive services for their daily consumption.
"12315" is an important work for the national industrial and commercial administrative organs to rely on "12315" **** to accept consumer complaints and reports, mediate consumer rights and interests disputes, investigate and deal with cases of infringement of consumer rights and interests and the production and sale of counterfeit and shoddy goods, and supervise and manage the market and administrative law enforcement. Founded in December 1984 with the approval of the China Consumers Association, it is a national social organization that conducts social supervision of goods and services to protect the legitimate rights and interests of consumers. At present, there are more than 3,000 consumer associations at or above the county level in the country, including 31 provinces, autonomous regions and municipalities directly under the central government.
There are more than 10,000 consumer association branches in rural towns and urban streets, supervision stations and liaison stations set up in village committees, neighborhood committees, industry management departments, colleges and universities, factories and mining enterprises, and more than 100,000 volunteer supervisors and rights protection volunteers. The organizing body of the China Consumers' Association is the Board of Directors. The day-to-day work of the association is undertaken by the permanent office, and the secretary-general and deputy secretary-general are full-time management and responsible to the president.
The funds of the China Consumers' Association are funded by ** and sponsored by the society.
Legal basis
Article 15 of the Measures for the Handling of Consumer Complaints by the Administrative Departments for Industry and Commerce.
The administrative department for industry and commerce with jurisdiction shall handle the complaint within seven working days from the date of receipt of the consumer complaint and inform the complainant:
1.Complaints that meet the requirements shall be accepted and the complainant shall be informed;
2.Complaints that do not comply with the requirements will not be accepted, and the complainant will be informed of the reasons for the inadmissibility.
Article 29: The administrative department for industry and commerce with jurisdiction shall conclude mediation within 60 days of accepting consumer complaints; If mediation fails, the mediation shall be terminated. Where it is necessary to conduct an appraisal or testing, the early reputation time for the appraisal or testing is not counted within 60 days.
Generally speaking, in the literal sense of the word, a complaint refers to the other party's failure to implement legal norms, which has caused harm to the victim. The report is generally that the other party has committed a serious crime, not only to the individual, but also to the collective and the country, and the report is more serious.
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