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**Provisions on Administrative Penalties for Illegal Acts" stipulates:
Article 7: Where business operators violate the provisions of Article 14 of the ** Law by using false or misleading means to induce consumers or other business operators to conduct transactions with them, they shall be ordered to make corrections, confiscate illegal gains, and impose a fine of up to 5 times the amount of illegal gains;
where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given; where the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce.
Article 8 Where business operators violate the provisions of Article 14 of the ** Law by selling or purchasing goods or providing services by raising or lowering the grade, and raising or lowering the ** in disguise, they shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains;
where there are no unlawful gains, a fine of between 20,000 and 200,000 RMB is to be imposed; where the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce.
Article 9 If a business operator does not implement the ** guide price and ** pricing, and commits any of the following acts, it shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given, and where the circumstances are more serious, a fine of between 500,000 and 2,000,000 RMB is to be given; and if the circumstances are serious, order a suspension of business for rectification
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Legal analysis: The state does not have clear provisions on the violation of the law beyond the market, but it is illegal to buy and sell beyond the market.
Legal basis: Civil Code of the People's Republic of China
Article 463:This Part regulates civil relations arising from contracts.
Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.
Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465:Contracts established in accordance with law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 466:Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.
If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.
Article 467:For contracts that are not expressly provided for in this Part or other laws, the provisions of the General Provisions of this Part shall apply, and the provisions of the most similar contracts in this Part or other laws may be applied by reference.
The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration contracts for natural resources performed within the territory of the People's Republic of China.
Article 468:Where a creditor's rights and debts relationship is not arising out of a contract, the legal provisions on the creditor's rights and debts relationship shall apply; Where there are no provisions, the relevant provisions of the General Provisions of this Part shall apply, except where they cannot be applied on the basis of their nature.
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The state does not have clear provisions on how much it is illegal to exceed the market, due to the different types of goods, the degree of market demand is different, and the specific excess needs to be analyzed according to different circumstances. The formulation of ** should conform to the law of value, most goods and services ** implement market adjustment prices, and a very small number of goods and services ** implement **guide prices or ** pricing. The market-regulated price refers to the market price set by the operator independently and formed through market competition.
** Guide price refers to the ** set by the competent department or other relevant departments in accordance with the provisions of this Law, in accordance with the pricing authority and scope to stipulate the benchmark price and its floating range, and guide the operator to formulate.
Business operators shall not engage in the following improper acts:
1. Collusion with each other, manipulation of the market, and damage to the legitimate rights and interests of other operators or consumers;
2. In addition to reducing prices in accordance with the law to deal with fresh commodities, seasonal commodities, backlog commodities and other commodities, in order to squeeze out competitors or monopolize the market, dumping with rubber surplus below the cost disrupts the normal production and operation order, and damages the national interests or the legitimate rights and interests of other operators;
3. Fabricating and disseminating information on price increases, raising prices, and promoting goods to be too high; Beam trail rolling.
4. Using false or misleading means to deceive consumers or other business operators into trading with them;
5. Provide the same goods or services, and discriminate against other business operators with the same trading conditions;
6. Purchasing or selling goods or providing services by means of raising or lowering grades, and raising or lowering ** in disguise;
7. Violating the provisions of state laws and regulations to make huge profits;
8. Other improper behaviors prohibited by laws and administrative regulations.
Legal basis: "Provisions on Administrative Punishment of Illegal Acts".
Article 8 Where business operators violate the provisions of Article 14 of the ** Law by selling or purchasing goods or providing services by raising or lowering the grade, and raising or lowering the ** in disguise, they shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 20,000 and 200,000 RMB is to be imposed; where the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce. Article 7: Where business operators violate the provisions of Article 14 of the ** Law by using false or misleading means to induce consumers or other business operators to conduct transactions with them, they shall be ordered to make corrections, confiscate illegal gains, and impose a fine of up to 5 times the amount of illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given; where the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce.
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The state does not clearly stipulate that it is illegal to exceed the market by several times, but it is illegal to buy and sell beyond the market. According to the "Provisions on Administrative Punishment of Illegal Acts", the operator violates the provisions of Article 14 of the ** Law by raising the grade or lowering the grade and other means of sales.
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It is illegal to have a product ** 30% above the market price.
More than 30% are generally unreasonable** can be complained. According to the relevant laws and regulations of our country, if the price is too high, citizens can report and complain to the competent department, and the competent department shall establish a reporting system for illegal acts. Price gouging is an illegal act and can be punished by the management department.
1. How much is it illegal for a commodity to be higher than the market price?
It is illegal to have a product ** 30% above the market price.
More than 30% are generally unreasonable** can be complained. According to the relevant laws and regulations of our country, if the price is too high, citizens can report and complain to the competent department, and the competent department shall establish a reporting system for illegal acts.
Price gouging is an illegal act and can be punished by the management department.
2. What are the factors?
1. Product procurement cost.
No matter what you do, there is a cost, and there is no money to be made as soon as you come up, so the first point to consider is the cost of procurement.
The production cost of a product includes raw materials, R&D and manufacturing expenses, transportation costs, and the profits of the factory itself.
2. Product quality.
Sellers have their own factories, don't worry about product quality, sellers without factories need to purchase in the market, the quality of purchased goods directly affects the pricing of goods, and sellers with high purchase costs will add a little profit, and the pricing of the whole product will not be low.
3. Expected profits.
The seller's expected profit is also a big factor in pricing. Sellers need to invest a lot of manpower and material costs in the early stage to sell the goods.
According to the market reaction to the product itself, consider whether to increase the profit on the cost, judge whether it is necessary to invest too much cost, and how much profit you want to achieve will be reflected in the pricing.
4. Market supply and demand ratio.
There is also a clear gap ratio between the needs of the competitor market and the product**. When a new product is very popular and the inventory is not sufficient, the supply of goods is less than demand, and the scarcity is expensive.
It can also be hunger marketing; When the seller prepares a large amount of inventory, the buyer chooses to diversify when buying, in order to increase the competitiveness of the product, it is inevitable to reduce the price.
5. Competitors.
Competitors are the best teachers for free, on a relatively large shopping platform, a product must be more than one seller, and it is not a wise choice to be too different from competitors, competitors' pricing is the reference basis for seller pricing and adjustment.
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1. Is it illegal to overprice goods?
1. It is illegal to price goods too high. Excessive pricing of goods may constitute improper ** behavior and is an administrative violation. Business operators shall not engage in the following improper acts:
1. Collusion with each other, manipulation of the market, and damage to the legitimate rights and interests of other operators or consumers;
2) In order to squeeze out competitors or monopolize the market, dumping below the cost to disrupt the normal order of production and operation, and damage the national interests or the legitimate rights and interests of other operators;
3) Purchasing or selling goods or lowering the grade by means of raising or lowering the grade;
4) Profiteering in violation of laws and regulations.
2. Legal basis: Article 14 of the ** Law of the People's Republic of China.
Business operators shall not engage in the following improper acts:
1) Collusion with each other, manipulation of the market, and damage to the legitimate rights and interests of other business operators or consumers;
2) In addition to reducing prices in accordance with the law to deal with fresh commodities, seasonal commodities, overstocked commodities and other commodities, in order to squeeze out competitors or monopolize the market, dumping below the cost of **, disrupting the normal order of production and operation, harming the interests of the state or the legitimate rights and interests of other business operators;
3) Fabricating or disseminating information on price increases, raising prices, or promoting commodities to be excessively high;
4) Using false or misleading means to induce consumers or other business operators to conduct transactions with them;
5) Providing the same goods or services, and discriminating against other business operators with the same trading conditions;
6) Employing methods such as raising or lowering grades to acquire or sell goods or provide services, indirectly raising or lowering **;
7) Violating the provisions of laws and regulations to make huge profits;
8) Other improper conduct prohibited by laws and administrative regulations.
2. How to protect the rights and interests of consumers.
Consumer rights are protected in the following ways:
1. Negotiate and settle with the operator;
2. Request mediation by consumer associations or other mediation organizations established in accordance with law;
3. Complain to the relevant administrative departments;
4. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
5. File a lawsuit with the people's court.
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Legal analysis: excessively high commodity pricing may constitute unclear and legitimate behavior, which is an administrative violation.
Legal basis: Article 14 of the ** Law of the People's Republic of China: business operators shall not engage in the following improper acts: (1) colluding with each other, manipulating the market, and harming the legitimate rights and interests of other business operators or consumers; (2) In addition to disposing of fresh commodities, seasonal wax goods, backlog commodities and other commodities at price reductions in accordance with the law, in order to squeeze out competitors or monopolize the market, dumping below the cost of **, disrupting the normal order of production and operation, harming the interests of the state or the legitimate rights and interests of other business operators; 3) Fabricating or disseminating information on price increases, raising prices, or promoting commodities to be excessively high; (4) Using false or misleading means to trick consumers or other business operators into conducting transactions with them; (5) Providing the same goods or services, and discriminating against other business operators with the same trading conditions; 6) Employing methods such as raising or lowering grades to acquire or sell goods or provide services, indirectly raising or lowering **; 7) Violating the provisions of laws and regulations to make huge profits; 8) Other improper conduct prohibited by laws and administrative regulations.
Personally, I think.
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