Furniture store, industrial and commercial quality inspection, who is responsible for law enforcement, quality inspection, alleged violation of power

On the 1st of November, the first forest of Xinglong County Shunlong Furniture Store in Chengde City, Hebei Province, sought help from the Legal Daily: "A number of mattresses in my furniture store were sampled by the industrial and commercial authorities. The test results have not yet come out, and the quality supervision department has entered the store. I was inspected and charged with a high fine. Later, the industrial and commercial department took a test report that the mattress failed, and I also imposed a fine on me. Which department should I hand over the fine?"
The Industrial and Commercial Bureau has not yet punished the quality inspection bureau to punish the reporters in the investigation. On September 17, the law enforcement officers of the Xinglong County Industrial and Commercial Bureau went to the Shunlong Furniture Store to conduct quality monitoring of furniture products, and sampled wooden wardrobe door panels and wooden bedside tables. 1 piece, spring soft mattress ("Tongwang Kent" brand). Law enforcement officials said that these samples will be commissioned by Tangshan City Product Quality Supervision and Inspection Institute, and the inspection report will be delivered approximately 20 days later.
On October 12, seven men came to Shunlong Furniture Store. One of them said to the first forest: "We are the Chengde City Fiber Inspection Institute. The Xinglong County Quality and Technical Supervision Bureau assists us in checking your mattress." Said that the three people who claimed to be in the Chengde City Fiber Inspection Institute did not wear uniforms and did not produce law enforcement documents. They went to the store of goods, opened the zipper of the "Kent Kent" brand Simmons soft mattress, and cut the filler in a mattress with a knife. The “heads” of the seven people asked for the number of mattresses of this brand in the number of other people. Then they issued the “List of Items for Quality and Technical Supervision” and “Quality” with the official seal of the Quality and Technical Supervision Bureau of Chengde City. Technical supervision and storage decision book."
The first forest told them that the Xinglong County Industrial and Commercial Bureau had sampled the mattresses a few days ago and took a mattress to test it. It has not been processed yet. The "head" said: "That is two different things from us."
They asked the first forest to sign the list of items involved, the seal decision, and then put a seal on the 61 mattresses, and told the forest that "no move, tear the seal to bear legal responsibility, you go to Xinglong County Quality and Technical Supervision Bureau in the afternoon." Accept the treatment."
The fine can actually be negotiated and quality inspection to take away 61 mattresses. According to the introduction of the first forest, at 2 pm on October 12, he went to the Xinglong County Quality and Technical Supervision Bureau and learned that he went to the store to lead the law enforcement team. Called Zhao Yuming, it is the Fiber Inspection Institute of Chengde City. Zhao Yiming said that the mattresses in the furniture store were unqualified and were fined. When the first forest asked for punishment, Zhao Yuming said that he was fined 10,000 yuan. Chu Lin said that these mattresses are not worth 10,000 yuan in total, and less penalty points? A staff member said: "Just 7,000 yuan, you go back first, and you will pay the fine tomorrow morning."
The next day they telephoned the first forest to the Xinglong County Quality and Technical Supervision Bureau. At this time, Xinglong County Industrial and Commercial Bureau also telephoned him to take the inspection report of the mattress. When Lin Lin came to the Quality and Technical Supervision Bureau to ask for more punishment, the law enforcement officer who received him said: "5000 yuan, you have taken care of it, and pay in the afternoon."
Chu Lin told reporters: "The industrial and commercial inspection is first, the mattress is not qualified. If I give the fine to the quality inspection bureau, the industry and commerce will definitely impose a fine on me. I will tell Zhao Yiming that I am guilty of the product failure, but fine. Which department should I hand over? The same batch of unqualified mattresses, can't let me pay two fines?" Zhao Wei said unceremoniously: "You can not pay, I will go to pull the mattress tomorrow."
On October 16, Zhao Yuming took people to take away 61 mattresses in the first forest store.
Involved in the circulation of law enforcement quality inspections alleged violations of law enforcement reporters on this matter consulted the relevant person in charge of the Xinglong County Supervision Bureau, he said that the law has clear provisions, industry and commerce is responsible for product circulation in the field of law enforcement, quality inspection is responsible for product production in the field of law enforcement.
Liang Shicheng, a law enforcement official of the Chengde City Administration for Industry and Commerce, told the reporter that in 2001 the State Council issued Document No. 57, which stipulated that “the functions of supervision and management of commodity quality in the circulation field originally undertaken by the State Bureau of Quality and Technical Supervision shall be transferred to the State Administration for Industry and Commerce.” In other words, the quality and technology supervision administrative department is responsible for product quality supervision and management in the production field, and the industrial and commercial administrative department is responsible for the supervision and management of commodity quality in the circulation field. The product quality supervision and commodity quality supervision with the “factory door” inside and outside as the boundary, the functional division of the administrative law enforcement department has been very clear.
"This case shows that the quality inspection department is obviously overstepping the law enforcement." Professor Liu Wei of the China University of Political Science and Law said that the quality inspection department has the following irregular behaviors in this case: law enforcement does not require uniforms, does not produce law enforcement documents; If the filler in the next mattress is touched, it will be judged that the mattress is unqualified, and then the “Quality and Technology Supervision List of Items” and the “Quality and Technology Supervision Sealing Decision” will be issued, which violates the statutory enforcement procedure; the penalty procedure is not fulfilled. The operator is required to pay the fine directly, lacking the procedure for issuing the administrative penalty notice, telling the parties the facts, reasons and basis for making the administrative punishment decision, and notifying the parties of the rights enjoyed by law. If the party thinks that the punishment is improper, he has the right to make a statement and defense. . It can be seen that the law enforcement of quality inspection in this case has not been carried out according to law.
Chu Lin told reporters today that he is still preparing to continue negotiations with the quality supervision department. It is not acceptable. He will apply to the Chengde municipal government for administrative reconsideration or file a lawsuit with the people's court within the statutory time limit.

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