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I did it from Zhonghui, send me a private message.
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1. What laws and regulations are violated by indiscriminately posting small advertisements?
1. Indiscriminately pasting small advertisements violates the "Regulations on the Management of Urban Appearance and Environmental Sanitation" and other laws and regulations. The law stipulates that if a small advertisement is posted indiscriminately, the administrative department of urban people's appearance and environmental sanitation or the unit entrusted by it may be given a warning or fine to the perpetrator in addition to ordering it to correct the illegal acts and take remedial measures.
2. Legal basis: Article 34 of the Regulations on the Administration of Urban Appearance and Environmental Sanitation.
In any of the following acts, the city people's ** city appearance and environmental sanitation administrative departments or their entrusted units in addition to ordering them to correct illegal acts, take remedial measures, may be given a warning, fines:
1) Spitting, defecating, littering fruit peels, paper scraps, cigarette butts and other waste;
2) Scribbling or depicting on urban buildings, facilities, or trees, or posting publicity materials without approval;
3) Stacking or hanging items that obstruct the appearance of the city on the balconies and windows of the street-facing buildings on the streets prescribed by the people of the city;
4) Dumping garbage or feces not in accordance with the prescribed time, place and manner;
E) do not perform the sanitation responsibility area cleaning obligations or do not follow the provisions of the removal, disposal of garbage and feces;
6) Transporting liquids and bulk goods without sealing, wrapping or covering, resulting in leakage or spillage;
7) The construction site on the street is not set up guardrails or not blocked, the site is not sorted out in a timely manner and the necessary coverage is made, or the site is not cleaned up and leveled in a timely manner after completion, affecting the city's appearance and environmental hygiene.
2. How to punish indiscriminately posting small advertisements.
The following penalties shall be imposed in accordance with the following standards:
1. In case of violation of regulations, it shall be ordered to be cleared, confiscated illegal property and illegal gains, and fined not less than 100 yuan but not more than 1,000 yuan;
2. where the circumstances are serious, a fine of between 1,000 and 10,000 yuan shall be imposed;
3. Unauthorized use or organization of posting, graffiti, portrayal, spraying, or distribution of slogans, publicity materials, and advertisements for publicity, confiscate illegal property and illegal gains, and impose a fine of not less than 1 yuan but not more than 100,000 yuan;
4. where the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be imposed.
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Legal analysis: Posting small advertisements on public places or buildings violates the relevant provisions of the "Regulations on the Administration of Urban Appearance and Environmental Sanitation".
Legal basis: Regulations on the Administration of Urban Appearance and Environmental Sanitation
Article 17 No unit or individual may write or depict on urban buildings, facilities, and trees. Units and individuals in urban buildings, facilities hanging, posting publicity materials, etc., subject to the approval of the city people's ** city appearance and environmental sanitation administrative departments or other relevant departments.
34th in any of the following acts, the city people's ** city appearance and environmental sanitation administrative departments or their entrusted units in addition to ordering it to correct illegal acts, take remedial measures, may be given a warning, fines: (A) spitting, drowning, littering peels, confetti and cigarette butts and other waste; 2) Scribbling or depicting on urban buildings, facilities, or trees, or posting publicity materials without approval; (3) Stacking or hanging items that hinder the appearance of the city on the balconies and windows of the buildings facing the streets provided for by the people of the city; 4) Dumping garbage or feces not in accordance with the prescribed time, place and manner; E) do not perform the sanitation responsibility area cleaning obligations or do not follow the provisions of the removal, disposal of garbage and feces; (6) Transporting liquids and bulk goods without sealing, bandaging, or covering, resulting in leakage or spillage of the Tuchang tribe; 7) The construction site on the street is not set up guardrails or not blocked, the site is not sorted out in a timely manner and the necessary coverage is made, or the site is not cleaned up and leveled in a timely manner after completion, affecting the city's appearance and environmental hygiene.
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Legal analysis: Pure violation of the Advertising Law, the specific violation is implying that it has the best effect of food or health products. Violations of the "Advertising Law of the People's Republic of China" are Articles 18 and 58.
Legal basis: Advertising Law of the People's Republic of China
Article 18: Advertisements for health foods must not contain the following content: (1) assertions or guarantees indicating efficacy or safety; (2) Involving disease prevention and function; (3) Claiming or implying that the advertised goods are necessary for the protection of health; (4) Comparison with medicines and other health foods; (5) Using advertising spokespersons to make recommendations or testimonials; (6) Other content prohibited by laws and administrative regulations. Advertisements for health foods shall prominently indicate that "this product is not a substitute for medicine".
Article 58: Where any of the following conduct is exhibited, the administrative departments for industry and commerce are to order that the publication of advertisements be stopped, order the advertisers to eliminate the impact within the corresponding scope, and give a fine of between 1 and 3 times the advertising costs, and where the advertising costs cannot be calculated or are clearly low, give a fine of between 100,000 and 200,000 RMB; where the circumstances are serious, a fine of between 3 and 5 times the advertising costs is to be given, and where the advertising costs cannot be calculated or are clearly low, a fine of between 200,000 and 1,000,000 RMB is to be given, and business licenses may be revoked, and the advertising review organs are to revoke the advertising review approval documents and not accept their application for advertising review for one year: (1) Publishing advertisements for medical treatment, drugs, or medical devices in violation of article 16 of this Law; (2) Violating the provisions of article 17 of this Law by using medical terms or terms that are likely to confuse the promoted goods with drugs or medical devices in advertisements; (3) Publishing advertisements for health foods in violation of article 18 of this Law; (4) Violating the provisions of Article 21 of this Law by publishing advertisements for pesticides, veterinary drugs, feeds and feed additives; (5) Publishing alcohol advertisements in violation of article 23 of this Law; (6) Violating the provisions of article 24 of this Law by publishing advertisements for education or training; (7) Violating the provisions of article 25 of this Law by publishing advertisements for goods or services that have an expected return on investment, such as soliciting investment; (8) Publishing real estate advertisements in violation of article 26 of this Law; (9) Violating the provisions of article 27 of this Law by publishing advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and seed breeding; (10) Violating the provisions of paragraph 2 of article 38 of this Law by using minors under the age of 10 as advertising spokespersons; (11) Violating the provisions of paragraph 3 of article 38 of this Law by using natural persons, legal persons, or other organizations as advertising spokespersons; (12) Violating the provisions of article 39 of this Law by publishing advertisements in primary and secondary schools or kindergartens, or by using items related to primary and secondary school students or young children; (13) Violating the provisions of paragraph 2 of article 40 of this Law by publishing advertisements for goods or services aimed at minors under the age of 14; (14) Violating the provisions of article 46 of this Law by publishing advertisements without review.
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The market regulation department is to impose corresponding penalties in accordance with the relevant provisions of the "Advertising Law of the People's Republic of China" based on the violations. Legal basis: "Advertising Law of the People's Republic of China" Article 57: Where any of the following conduct is exhibited, the departments for market regulation are to order that the publication of advertisements be stopped, and give advertisers a fine of between 200,000 and 1,000,000 RMB, and where the circumstances are serious, they may revoke business licenses, and the advertising review organs are to revoke the advertising review approval documents and not accept their application for advertising review for one year; The departments for market regulation are to confiscate advertising fees and give a fine of between 200,000 and 1,000,000 RMB for advertising agents and advertisement publishers, and where the circumstances are serious, they may also revoke business licenses and revoke travel registration certificates for advertising publications
(1) Publishing advertisements with the prohibited circumstances provided for in articles 9 and 10 of this Law; (2) Violating the provisions of Article 15 of this Law by publishing advertisements for prescription drugs, advertisements for pharmaceutical precursor chemicals, and advertisements for medical devices for detoxification and methods; (3) Gao Kaishu violates the provisions of article 20 of this Law by publishing advertisements for infant dairy products, beverages, and other foods that claim to replace breast milk in whole or in part; (4) Publishing tobacco advertisements in violation of the provisions of Article 22 of this Law, (5) Violating the provisions of Article 37 of this Law by using advertisements to promote products or services that are prohibited from being produced or sold, or goods or services for which advertisements are prohibited; (6) Violating the provisions of paragraph 1 of article 40 of this Law by publishing advertisements for medical treatment, medicines, health foods, medical devices, cosmetics, alcohol, or beauty in the mass media aimed at minors, as well as advertisements for online games that are not conducive to minors' physical and psychological health.
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