Article 31 Where a defective product causes damage to human life or another persons property, the victim may claim compensation from the producer and may also claim compensation from the seller of such product. Where the liability falls on the producer, but the seller has made the compensation, the seller shall have the right to recover the loss from the producer. Where the liability falls on the seller, but the producer has made the compensation, the producer shall have the right to recover the loss from the seller.

第三十二条 因产品存在缺陷造成受害人人身伤害的，侵害人应当赔偿医疗费、因误工减少的收入、残废者生活补助费等费用；造成受害人死亡的，并应当支付丧葬费、抚恤费、死者生前抚养的人必要的生活费等费用。

Article 32 Where bodily injury is caused by a product due to its defect, the infringer shall compensate for the medical expenses of the infringed, the decreased earning due to the loss of his working time as well as the subsistence allowance if the infringed is disabled; where such defect causes death to the infringed, the infringer shall also pay the funeral expenses, the pension for the family of the deceased and the living expenses necessary for any other person(s) supported by the deceased before his death.

因产品存在缺陷造成受害人财产损失的，侵害人应当恢复原状或者折价赔偿。受害人因此遭受其他重大损失的，侵害人应当赔偿损失。

Where damage is caused to the property of the infringed due to the defect of a product, the infringer shall restore the damaged property to its original state, or pay compensation at the market price. Where the infringed suffers any other serious losses, the infringer shall also compensate for such losses.

第三十三条 因产品存在缺陷造成损害要求赔偿的诉讼时效期间为二年，自当事人知道或者应当知道其权益受到损害时起计算。

Article 33 The limitation period for bringing an action for damages arising from the defect of a product is two years, counting from the day when the party concerned knew or should have known the infringement of his rights and interests.

因产品存在缺陷造成损害要求赔偿的请求权，在造成损害的缺陷产品交付最初用户、消费者满十年丧失；但是，尚未超过明示的安全使用期的除外。

The right to claim for damages arising from defective products shall be forfeited upon completion of ten years from the day when the defective product causing the damage is delivered to the first user or consumer, except that the clearly stated safe-use period has not expired.

第三十四条 本法所称缺陷，是指产品存在危及人身、他人财产安全的不合理的危险；产品有保障人体健康，人身、财产安全的国家标准、行业标准的，是指不符合该标准。

Article 34 Defect referred to in this Law means the unreasonable danger existing in product which endangers the safety of human life or another person property; where there are national or trade standards safeguarding the health or safety of human life and property defect means inconformity to such standards.

第三十五条 因产品质量发生民事纠纷时，当事人可以通过协商或者调解解决。当事人不愿通过协商、调解解决或者协商、调解不成的，可以根据当事人中方的协议向仲裁机构申请仲裁；当事人各方没有达成仲裁协议的，可以向人民法院起诉。

Article 35 Where a civil dispute concerning product quality arises, the parties concerned may seek a settlement through negotiation or mediation. If the parties are unwilling to resort to negotiation or mediation, or negotiation or mediation proves to be unsuccessful, they may apply to an arbitration organization for arbitration as agreed upon between the parties; if the parties fail to reach an arbitration agreement, they may bring a suit before a people's court.

第三十六条 仲裁机构或者人民法院可以委托本法第十一条规定的产品质量检验机构，对有关产品质量进行检验。

Article 36 The arbitration organization or the people’s court may entrust an organization in charge of product quality inspection specified in Article 11 of this Law with product quality inspection.

第五章 罚则

Chapter V Penalty Provisions

第三十七条 生产不符合保障人体健康，人身、财产安全的国家标准、行业标准的产品的，责令停止生产，没收违法生产的产品和违法所得，并处违法所得一倍以上五倍以下的罚款，可以吊销营业执照；构成犯罪的，依法追究刑事责任。

Article 37 Where products produced do not comply with the relevant national or trade standards safeguarding the health or safety of human life and property, the producer shall be ordered to stop the production, the products and earning illegally produced and made shall be confiscated, and, a fine from twice to five times the amount of the unlawful earnings shall be imposed concurrently, and the business licence may be revoked; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

销售不符合保障人体健康，人身、财产安全的国家标准、行业标准的产品的，责令停止销售。销售明知是不符合保障人体健康，人身、财产安全的国家标准、行业标准的产品的，没收违法销售的产品和违法所得，并处违法所得一倍以上五倍以下的罚款，可以吊销营业执照；构成犯罪的，依法追究刑事责任。

Where products sold do not comply with the relevant national or trade standards safeguarding the health or safety or human life and property, the seller shall be ordered to stop the sale. If a seller intentionally sells products not complying with the relevant national or trade standards safeguarding the health and safety of human life and property, the products for illegal sale and the unlawful earnings thus made shall be confiscated. And a fine from twice to five times the unlawful earnings shall be imposed concurrently, and the business licence may be revoked; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

第三十八条 生产者、销售者在产品中掺杂、掺假，以假充真，以次充好，或者以不合格产品冒充合格产品的，责令停止生产、销售，没收违法所得，并处违法所得一倍以上五倍以下的罚款，可以吊销营业执照；构成犯罪的，依法追究刑事责任。

Article 38 Where a producer or a seller mixes impurities or imitations into a product, or passes a fake product off as a genuine one, or passes a defective product off as a high-quality one, or passes a substandard product off as a good-quality one, the producer or seller shall be ordered to stop production or sale, the unlawful earnings shall be confiscated. And a fine from twice to five times his unlawful earning shall be imposed concurrently, and the business licence may be revoked; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

第三十九条 生产国家明令淘汰的产品的，责令停止生产，没收违法生产的产品和违法所得，并处违法所得一倍以上五倍以下的罚款，可以吊销营业执照。

Article 39 Where a product which has been officially eliminated by the State is produced, the producer shall be ordered to stop the production, the products and earnings illegally produced and made shall be confiscated. And a fine from twice to five times the unlawful earnings shall be imposed concurrently, and the business licence may be revoked.

第四十条 销售失效、变质产品的，责令停止销售，没收违法生产的产品和违法所得，并处违法所得一倍以上五倍以下的罚款，可以吊销营业执照；构成犯罪的，依法追究刑事责任。

Article 40 Where invalid or deteriorated products are sold, the seller shall be ordered to stop the sale, the products for illegal sale and the unlawful earnings shall be confiscated. And a fine from twice to five times the unlawful earnings shall be imposed concurrently, and the business licence may be revoled; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

第四十一条 生产者、销售者伪造产品的产地的，伪造或者冒用他人的厂名、厂址的，伪造或者冒用认证标志、名优标志等质量标志的，责令公开更正，没收违法所得，可以并处罚款。

Article 41 Where a producer or a seller forges the origin of a product or falsely uses another producer name and address, or forges or falsely uses authentication marks, famous-and-excellent-product marks or other product quality marks, the producer or seller shall be ordered to make public rectification, and the unlawful earnings shall be confiscated; a fine may be imposed concurrently.

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