I. Investigate and deal with the economic illegal behaviors, excise its functions and powers according to laws, correctly implement the administrative penalty, make the fact clear, evidence solid, and correctly classify, appropriately deal with, complete procedure and lawful process.

II. During enforcing laws and investigating cases, more than 2 persons in uniform should be needed to carry out the official business, with investigation papers.

III. When the administrative organ for commerce and industry investigates and deals with kinds of illegal behaviors, excise the following functions and powers:

1、Inquire the illegal actor, suspect, interested person, substantiator, and ask him to offer the evidentially material or other materials related to the illegal behaviors;

2、Investigate the products regarding the illegal behavior, order the related persons to explain the related situations such as the origin of the products, if necessary, order him to temporarily stop his distribution, wait for the investigation and forbid displacing, hiding and melting or burning the related property and products, or seal up, arrest;

3、Investigate the activities related to the illegal behaviors;

4、According to laws, look up, copy or arrest the materials related to the illegal behaviors such as contract, invoice, account book, vouchers, records, documents, license, business letters and telegrams;

5、According to laws, regulations, inquire about, freeze the bank account of illegal actors to the bank;

6、Other functions and powers specified by laws and regulations.

To the related persons refusing to carry out the orders of temporarily stopping distribution, waiting for investigation, forbidding displacing, hiding and melting or burning the related property and products, the administrative organ for commerce and industry may give the penalty of fine according to the situation.

IV. During the process of investigating and dealing with the economic illegal behaviors, in the situation of the loss of and difficult gain of the evidence, adopt the administrative coercive measures such as antecedently registering and reserving, arresting and sealing up for keeping. Adopting and discharging the administrative coercive measures should be authorized by the administrator. During the reconsideration period of administrative coercive measures, not stop the enforcement of the coercive measure.

To the evidence antecedently registered and reserved, make the disposal decision in time in 7 days:

①According to laws, if the fact of malfeasance is established and should be forfeited, make the administrative penalty, and forfeit it;

②Products can be arrested and sealed up, decide to arrest or seal up for keeping;

③If the fact of malfeasance is not established, or should not be forfeited, or not be arrested and sealed up according to laws, decide to discharge the measure of registering and reserving.

V. Appropriately keep the arrested substances, forbid using, changing or destroying. To the perishable and alterable products, antecedently deal with it under the agreement of the principal.

VI. Before punishing the economic illegal behaviors, inform the principal the fact, reason and evidence of making the administrative penalty, and also his rights to statement and defend himself. Each decided penalty of ordering to stop production or close the business, withdraw the business license, permission license and fine of large amount, it is necessary to inform the principal that he has the right of asking to hold the deposition.

VII. The penalty written decision should be given to the principal in the site after the declaration; if the principal is absent, it should be served within 7 days according to the regulations; if the principal cannot be found, it should be declared, after 60 days from the day of declaration, it can be considered as serving.

VIII. After the penalty decision is made according to laws, the principal should implement it in the time limit decided by the administrative penalty. If the principal refuses to obey the administrative penalty, he can apply to reconsideration or appeal the administrative action, and the administrative penalty is not stopped to carry out, with the exception of the other regulation of laws.

IX. The principal does not implement the administrative penalty decision exceeding the time limit, the following measures can be taken:

①Not paying the fine at term, add the fine at the rate of 3% each day.

②According to the regulation of laws, auction the sealed and arrested substance or allocate the frozen bank amount as the fine;

③Apply to the people’s court for enforcing compulsorily.

X. The forfeited substance should be auctioned publicly or handled complying with the national related regulations, with the exception of the substance which should be destroyed by melting and burning.

The fine and the realization fund of the forfeited substance should be turned in to the exchequer, any unit and individual cannot hold back, share secretly or disguisedly share secretly.