Under what circumstances can the owner refuse to pay or pay less property fees?

Pufa small classroom

In daily life, after buying a house, it is inevitable to deal with residential properties, and disputes and contradictions between owners and property companies occur from time to time due to various problems. For example, the owner refused to pay the property fee on the grounds of poor property management when the vehicle was parked in the community and stolen; Some owners think that their houses have quality problems such as inadequate waterproofing and hollowing on the ground, and they have been in arrears with property fees for a long time.

So, under what circumstances?

Can you reasonably refuse to pay (underpay) the property fee?

What are the circumstances that can’t refuse to pay property fees?

Summary of the following dry goods

Don’t forget to transfer to the owner group after reading it.

Several situations in which property management fees cannot be refused.

Situation one

Keywords: neighbor’s illegal construction, rectification notice

[case]

A property company has been responsible for the property management of a residential area in Fengxian since 2016. During the period, Wang, the owner, was deeply troubled by his neighbor’s illegal construction, and he reported it to the property. The property company issued a rectification notice and reported it to the relevant departments, but the matter was not resolved. Wang thinks that the property management company has not fulfilled its management responsibilities, so he refuses to pay the property management fee. The property company sued the court in March this year and asked Wang to pay the property management fee.

Wang believes that the property company has the responsibility to maintain the order of the community. For things that are illegally built, the property can be forcibly demolished, but things have not been solved. I don’t think the property management company has fulfilled its management obligations, and I don’t agree to pay the property fee.

The property company believes that after receiving Wang’s response, the company issued a rectification notice to the owners who illegally built it, and on the other hand communicated with the government departments such as the neighborhood Committee, the Housing Authority and the Demolition Office, requesting to solve the matter. The company has issued a rectification notice and reported it to the relevant departments. After fulfilling its management obligations, the owner should pay the property expenses as agreed in the contract.

Take a case as an example

According to the principle of honesty and credit, the property management company provides management services for the owners, and the owners should pay management fees to the property management company. It is a flaw in the management of public order and public affairs to build a residential area illegally and change the nature of the use of houses. After receiving the complaint, the property management company has taken active measures to issue a rectification notice to the owners of illegal structures. In the case of ineffective dissuasion, it also reflected to the relevant functional departments, proving that it has fulfilled its corresponding notification and reporting obligations, and the property management company has no right to forcibly dismantle illegal buildings, so there is no legal basis for the owners to refuse to pay property fees on this ground.

Under the auspices of the court, Wang paid off the unpaid property fees on the spot.

Situation 2

Keywords: vehicle stolen

[case]

In September 2017, Zhang’s electric car in the community was stolen and lost. Zhang believed that his electric car was stolen because of the responsibility of the community property management company, so he claimed compensation from the property company and was rejected by the property company.

Subsequently, Zhang asked for a two-year property management fee to offset the compensation, and the property company has not responded. Therefore, from January 1, 2018 to December 30, 2019, Zhang was sued by the property company for failing to pay the property fee.

Since Zhang could not prove that his electric car was stolen because the property company failed to fulfill its agreed obligations, Zhang did not pay the property fee on this ground, and the court did not support it.

Take a case as an example

The owner regards "stolen goods" as the fact that the property company has breached the contract, which is not enough to constitute a fundamental breach of contract, thus completely exempting the owner from the obligation to pay fees. Therefore, the theft of the vehicle cannot be a defense for the owner to refuse to pay the property fee.

Situation 3

Keywords: housing quality problems

If there is a quality problem in the house, the owner should claim the right from the developer and refuse to pay the property fee to the property company on this ground, and the court will not support it.

The house delivered by the developer has quality problems and is not the responsibility of the property company. Although some developers will issue a "residential quality guarantee", it is clear that "after the residents move in, the company will entrust a certain property to handle letters, visits and complaints about residential quality." However, the developer only entrusted the property company to handle letters, visits and complaints, but did not transfer the obligation of housing quality maintenance to the property company. The owner refused to pay the property fee on this ground, and there is no legal basis.

Situation 4

Keywords: the owner has not signed the property contract

In property management services, the decisions of the owners’ assembly or owners’ committee are binding on the owners.

The contract signed by the owners’ committee and the property management company in the community where the owners are located is binding on all owners of the community, so it is equally binding on the owners. During the performance of the contract, the property company performed its management and service obligations as agreed, and the owner should pay the property fee as agreed in the contract, but if he refused to pay the property fee on the grounds that he had not signed a contract with the property company, the court would not support it.

■ The civil code clearly stipulates that the property service provider’s right to claim compensation:

Law link: Article 944 of the Civil Code: The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

Several situations in which property management fees can be refused (underpaid)

Situation one

Keywords: new house, unopened water and electricity

[case]

In October 2017, Li bought a new house in a certain district of Fengxian District. According to the contract, when the developer delivers the house, the supporting facilities for water supply and drainage are complete, connected with the urban public water supply and drainage network, and brought into the urban power supply network for formal power supply, and the property company is responsible for docking and opening with the owner. In April 2018, the developer signed a preliminary property service contract with a property company. In May 2019, Li went to the property company to go through the relevant procedures such as closing the house and found that the house was not opened for water and electricity. On the same day, Li signed the Property Management Service Agreement with the property management company. After that, Li has not paid the property service fee during the unused period of the house.

Since then, the property company refused to handle the renovation procedures for Li on the grounds that he had not paid the previous property service fee, and refused to assist him in opening water and electricity. After repeated negotiations, the two sides failed, so Li sued the property company to the court, requesting that the property company be ordered to connect the water and electricity in the house and compensate for the loss of property service fees from the date of receiving the house to the date when the water and electricity in the house were actually opened.

Take a case as an example

This case involves two kinds of legal relations. Li signed the Property Management Service Agreement with the property management company, which is a legal relationship of the property service contract. The two sides have disputes over the payment of property management fees, which is a property service contract dispute. The property company refused to assist Li to open water and electricity for the house, and thus caused losses to Li, which was a tort legal relationship. The right to use water and electricity is the basic right to ensure citizens’ happiness and convenience in life. The property management company shall not use water, electricity or gas to stop water, electricity or gas in order to urge one party to fulfill its contractual obligations. In this case, the purchase contract has stipulated that the water supply and drainage facilities should be complete when the commercial house is delivered, and the actual responsible person for the opening of water and electricity in the community is the property company. After Li went to the property company to handle the handover formalities in May 2019, the property company refused to open water for him on the grounds that he did not pay the management fee of the property company during the vacant period of the house, and refused to issue a power supply letter to help him open electricity, which infringed on Li’s legitimate civil rights and interests and should bear the tort liability of stopping the infringement and compensating for the losses.

Finally, the court ruled that the property company assisted Li to open the water and electricity for the house; According to the payment standard of property service fee agreed in the signed Property Management Service Agreement, compensate Li for the loss of property service fee from the date of receiving the house to the date of actually opening water and electricity.

Article link: Paragraph 3 of Article 944 of the Civil Code: Property service providers shall not stop power supply, water supply, heat supply, gas supply and other ways to urge the payment of property fees.

Q

Should Li pay the property service fee before taking over the house?

Need. According to the Interpretation on the Specific Application of Legal Issues in the Trial of Property Service Disputes issued by the Supreme People’s Court, the preliminary property service contract signed by the construction unit and the property service enterprise according to law is binding on the owner. If the owner raises a defense on the grounds that he is not a party to the contract, the people’s court will not support it.

In judicial practice, the preliminary realty service agreement is deemed to have come into effect if the owner has not taken over the house but the preliminary realty service work has actually started. According to the relevant laws and regulations, the realty service enterprise has provided services in accordance with the contract and relevant regulations, and the people’s court will not support the owner’s defense only because he does not enjoy or does not need to accept the relevant realty service.

Therefore, in this case, in the legal relationship of the property service contract, before Li took over the house, he should also pay the property fee if the house was vacant and unused, and he could not refuse to pay on the grounds that he did not enjoy the property service. In other words, the infringement loss advocated by Li and the property fee advocated by the property company are two legal relationships, and they are not in conflict with each other. We can’t rule out the payment of property fees just because the infringement losses win the case.

However, in view of the fact that the property company did not claim in the case, the court did not deal with it.

Situation 2

Keywords: property service contract has not been renewed after its expiration

If, after the property service contract expires, the property company refuses to transfer the property management right and asks the owner to pay the property service fee from the property service expiration date to the time when the people’s court decides to transfer the property management right, the people’s court will not support it.

After the termination of the rights and obligations of the realty service contract, although the realty service enterprise refuses to withdraw or hand over, the legal relationship of realty service between the two parties has been terminated. There is no legal basis for the property company to ask the owner to pay the property fee after the termination of the rights and obligations of the property service contract on the grounds that there is a de facto property service relationship.

Situation 3

Keywords: property companies take a laissez-faire attitude towards potential safety hazards

[case]

The glass ceiling illegally built by the owner of Room 102 in a residential area poses a certain hidden danger to the safety of the residential area, so Mr. Ma refuses to pay the property fee. In the lawsuit, the property company could not produce the relevant evidence that had complained to the administrative organ, nor did it take appropriate reasonable and legal measures to deal with it.

As a result, Mr. Ma’s daily life was affected and his security was greatly hindered. The court ruled that Mr. Ma should reduce the property fee as appropriate.

Take a case as an example

The property management company shall stop the acts that violate the public security, environmental protection and decoration norms in the property management area and report to the relevant administrative departments in time. Otherwise, the owner can exercise the right of defense against defects and reduce the payment of property fees.

Situation 4

Keywords:: property companies charge decoration fees

There is no legal basis for the property company to charge the owner the decoration cooperation fee for whatever reason. Even if the owner pays the decoration cooperation fee, this behavior should not be regarded as voluntary payment by the owner, and the property management company should unconditionally return the money.

Although some decoration coordination fees are collected in part according to the construction management regulations of the owners’ convention, most of the charging targets are decoration construction units, but most of them have to be paid in advance or borne by the owners. Legally, there is no basis for the property company to charge the decoration cooperation fee, and the owner can refuse. What has been collected shall be returned.

You can refuse to pay the property management fee under the following circumstances

1. The property fee should be collected from the date when the owner receives the notice of repossession, not from the date when the building is delivered as stated in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period;

2. If the energy cost generated by power equipment such as heating and central air conditioning required by the property management company is not within the scope of the owner’s payment, it may refuse to pay;

3. When the property provides services not agreed in the contract or without the consent of the owner, the owner has the right to refuse to deliver them;

4. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization;

5. If the property company does not have the original approval documents of the price management department, the owner may refuse to submit them.

Original title: "Under what circumstances can the owner refuse to pay or pay less property fees? 》

Read the original text

Abnormal exhaust pipe noise can’t cure Peugeot 307′ s chronic illness.

  As the saying goes, long-term practice in practical use is the best way to test whether a new car is mature in all aspects. Dongfeng Peugeot 307 sedan is a sedan derived from the prototype hatchback 307, which has been listed in China for more than a year. In the long-term use of many consumers, the domestic Peugeot 307 not only shows its excellent performance in appearance, space and handling, but also exposes some problems.

  As a family car, the car environment of different consumers is naturally different, and it is inevitable that there will be some minor problems in the car. However, what is pointed out here is the "stubborn disease" that the manufacturer still has not solved after Peugeot 307 went on the market for more than one year-the abnormal noise of the exhaust pipe joint of the 1.6 model (the problem has not been found in the 2.0 model). Many car owners have been troubled by this problem. Although it does not endanger the driving safety, the sound of "squeaking and twisting" has a great "spiritual blow" to the car owners-who wants the car that he spent more than 100,000 yuan to drive will "squeak and twist"?

  Performance of "stubborn disease":

  This problem generally appears in the 1.6-displacement car of Dongfeng Peugeot 307. According to relevant network surveys, almost half of the vehicles have this problem. The performance is that after the new car runs about 4000 kilometers (some cars even start to make noises after 1000 kilometers), in the case of "cold car", when the driver performs normal driving operations that can cause the engine to vibrate, such as stepping on the clutch pedal, feeding oil, collecting oil and shifting gears, there is a "squeaking" sound from below the front of the car, and the sound disappears after the car is warmed up. The sound is different according to the severity of the situation. Due to the good sound insulation of Peugeot 307 car body, only a weak sound can be heard after closing the window; However, with the deterioration of the situation, when closing and opening the window, you can hear the obvious and sharp "squeaking" sound (metal rubbing sound, especially in quiet places such as underground garage).

  Abnormal sound is ubiquitous and easy to diagnose;

  For this problem, the after-sales maintenance department of Dongfeng Peugeot is obviously very familiar with it, and even just need to briefly explain the situation on the phone, and the experienced maintenance reception consultant can immediately judge that this is "abnormal noise of the exhaust pipe joint of the 1.6 model".

 

  Dongfeng Peugeot 307 car with 1.6-liter engine, the joint between the head section and the middle section of the exhaust pipe is subject to engine vibration. After a period of time, the gasket at the joint is damaged, and the friction between the metal parts of the head section and the middle section of the exhaust pipe will produce a loud noise. When the car is cold, the exhaust pipe temperature is low and the abnormal sound is obvious; After the hot car, the temperature of the exhaust pipe rises, the metal parts expand, the two sections of the exhaust pipe are closely combined, and the abnormal sound disappears.

  4S shop voice: the solution is to treat the symptoms rather than the root cause;

  Strictly speaking, there is no radical solution to this problem so far. The 4S shop said: At present, the solution is to replace the worn gasket at the joint between the head section of the exhaust pipe and the middle section of the exhaust pipe. However, this method treats the symptoms rather than the root cause. After the vehicle travels for about 4,000 kilometers, there will still be obvious abnormal noise, so the gasket can only be replaced.

At present, the method of replacing gasket is a temporary solution, not a permanent cure. 

  Consumer’s voice: Replacing gaskets for free is just a tactic to slow down the war. What should I do after the warranty period?

  As the abnormal sound of the 1.6-liter 307 exhaust pipe is widespread, many 307 car owners in major online forums are also talking about it. Some car owners who bought their cars earlier have carried out two or three maintenance operations for this problem, but practice has proved that replacing gaskets free of charge is only a delaying tactic and cannot cure the problem. This also leads to a rather sensitive question-what should I do after the warranty period?

  At present, the warranty period of Dongfeng Peugeot 307 is 2 years or 60,000 kilometers. During the warranty period, car owners who encounter this problem can go to the 4S shop to replace the related spare parts for free. However, since the problem cannot be cured, after the warranty period, how to solve the spare parts and working hours when encountering similar problems? Since the 307 has been on the market for less than two years, and the mileage of most 1.6-liter vehicles does not exceed 60,000 kilometers, there is no reference method to solve such problems after the warranty period.

  What is the root of "stubborn disease"? Can the root cause be removed? The manufacturer did not make a clear statement:

  There is a common problem of abnormal exhaust pipe noise in 1.6 models, and the manufacturer has not expressed his position at present. Through the communication with the 4S stores of Dongfeng Peugeot, it has been known that this problem does exist widely. However, the relevant parties related to the after-sales service of 307 cars, including manufacturers and 4S stores, did not disclose this incident for more than one year after the new car went on the market, but told consumers that "this is a common problem" and "there is no effective solution" after the vehicle had problems and consumers took the initiative to drive the problematic car to the door.

  It is reasonable for the seller to keep quiet beforehand, and consumers will not complain too much about it, but what consumers are most concerned about is how to solve this problem.

  What is the reason for the abnormal noise of the exhaust pipe of 1.6 model? Whether it is a design defect or the quality of the gasket parts at the exhaust pipe joint is not up to standard, the vehicle manufacturer has not expressed his position. How to deal with it in the future? Can this problem be cured? After the warranty period, do consumers need to bear the burden of repairing at their own expense? Vehicle manufacturers also did not express their views.

  "Illness" does not constitute a recall condition, and consumers expect a perfect solution.

  Presumably, manufacturers must know this problem, and more or less attention should be paid to it. The fact that it took more than a year to cure the problem tells us that there is no effective cure for the abnormal sound of the 1.6-liter 307 exhaust pipe at present.

  The French prototype 307 has been produced and sold for many years, but it has not been heard that the same problem generally exists. In this analysis, it should be that after the domestic sedan 307 lengthens the car body, the middle section of the exhaust pipe that runs through the car body is also lengthened accordingly, which leads to the abnormal noise problem of the exhaust pipe of the 1.6-liter car that was not expected during the design (the structure of the 2.0 car is different, and there is no news of similar situation). As the "leading part" in the incident, it is too early to draw a conclusion whether there is any problem with the quality of the gasket at the joint of the exhaust pipe (after all, it is more than enough time for manufacturers to choose a new supplier who can provide high-quality parts for more than one year).

  1.6 The abnormal sound "stubborn disease" of the vehicle model did not affect the driving safety of the vehicle and did not constitute the domestic recall conditions for car products, so Dongfeng Peugeot did not recall this incident; Even if the manufacturer intends to recall, there is no effective way to solve this problem at present (it is foreseeable that the number of 307 cars involved in this incident will be very high once recalled).

  Consumers who don’t care much about the abnormal noise can continue to use it (it won’t affect the driving safety), but after all, quite a few consumers are still reluctant to drive a squeaky car to attract the attention of passers-by (not to mention more than 100 thousand mid-level cars). Before the warranty period, consumers can "tirelessly" go back to the 4S shop to temporarily solve the abnormal sound by replacing parts for free, but after the warranty period? Consumers should never pay for themselves every 5,000 kilometers and go to a maintenance station-unless the 4S shop makes consumers feel confident before selling the car and the two sides reach a tacit understanding, and tells them: "There is a probability that the exhaust pipe of this car will sound abnormally, and how to deal with it after the warranty period is inconclusive." We don’t expect manufacturers to actively expose the shortcomings of their products before selling cars, but manufacturers always have to solve problems that should not appear in products.

  It’s not a big deal. The key is whether Dongfeng Peugeot can find a thorough solution to the problem-including how to technically solve the abnormal noise problem of the 1.6-liter 307 exhaust pipe (consumers are most afraid to hear: "This car is like this, it can’t be cured, and there is nothing to do." ); It also includes the problem of how to protect the rights and interests of vehicle owners during the warranty period once it can’t be solved in time technically (consumers are also afraid to hear: "Whether to pay at their own expense is still inconclusive, and we will talk about it after the warranty period." )。 As for cars, there are always small problems, but the ubiquitous "chronic diseases" manufacturers should really pay attention to them. It is reasonable to say that more than a year is not short, and the voice that should not exist should still make it disappear.

  The following remarks are from online forums:

  "The original ball head had a graphite layer, but it would soon be rubbed off, and the remaining wire friction would make abnormal noise. Theoretically, Fukang is the same as the silencer ball head used in 1.6 of 307, at least the same thing is installed on the production line, but abnormal noise appeared on 307, which may require a lot of test runs by manufacturers to completely solve it."

  "At present, some 4S are trying some new methods, and the effect is OK. Generally, there will be no problem running for 2 or 3,000 kilometers, but in theory, it is also a temporary solution."

  "Please pay attention to the tx that directly replaces the fixing screw and adopts the method of screwing the fixing screw, which is easy to cause the exhaust pipe to resonate in the speed range of 2600-2800, that is, to make a buzz. 4S experts have already denied this method from practice, ha ha, but it is a kind of high-frequency abnormal sound replaced by another kind of low-frequency abnormal sound, which has not been solved at all … "

  "Although it has been running for 4000 kilometers after trying a new method in 4S, there is no problem. However, 4S also admits that theoretically, this problem has not been fundamentally solved. "

  Because of my keen ears, my situation is quite special. It should be the first one in Beijing to replace the ball head according to the East Standard method. Before that, it was also fixed with replacement screws, which was invalid. Because of the heavy responsibility entrusted by 4s to test the East Standard solution, a total of 6 ball heads were replaced before and after, and the shortest one was forced to be replaced after running 500 kilometers, hehe!

  "Because 4s has almost no imported 1.6 cubs to compare, this important task can only be handed over to the East Standard manufacturers for repeated road tests, alas …"

  "In September 2005, the car changed the exhaust pipe joint ball head twice. It was not obvious for the first time. It felt as if there was abnormal noise on the left front wheel. After 4s, the exhaust pipe joint ball head was replaced. After 2-3 thousand kilometers, there was obvious abnormal noise, which appeared when the car was cold and the gear was shifted in a low gear. Replace the exhaust pipe joint ball head again (the replaced ball head has been worn out). "

The latest 18 core systems of medical quality and safety are coming!

Good morning, friends! Today is Monday, April 23, 2018. Welcome to the morning newspaper time in the health sector, and immediately broadcast the fresh information of global health care for you!

In the 17th century, electroshock therapy was once considered as a panacea. The literature recorded by a medical historian points out that electric shock to the reproductive organs can restore impotence patients to their glory, become stronger and restore their youthful vitality. At the same time, electroshock therapy can make the elderly at least 15 years younger.

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[Hot smell at 100℃]

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"number theory"

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[Browse Bo]

# Lin Qiaozhi’s first prescription #She is the only female academician in the first Chinese Academy of Sciences; She is the first director of obstetrics and gynecology in China; She never married, but delivered more than 50 thousand babies herself; She worked hard and made great contributions to the research field of obstetrics and gynecology in China. On April 22nd, 1983, Lin Qiaozhi, a medical scientist, died. She once said, "The first prescription a doctor gives a patient should be caring."

@ Someone outside CQMU:Never married, dedicated to medicine!

@ 京京京京京京京京京京京京:Looking back on Lin Qiaozhi’s life, she studied hard for her medical ideal, worked diligently in obstetrics and gynecology for decades, and welcomed thousands of new lives in Qian Qian with her hands. She is unmarried for life, but she has the richest love; She has no children, but she is the richest mother; She is the patron saint of mothers and babies. Lin Qiaozhi devoted all her life to pregnant women and babies and said with a smile: I am a doctor.

@ 京京京京京:Lin Qiaozhi, a China woman, became attached to obstetrics and gynecology with her unique concentration and compassion. With her agile hands, she took over thousands of Chinese children. She went to sleep quietly, but the light shone on the world. Miss her.

# The first 5G mobile phone is coming! #At the first Digital China Construction Summit, Wen Ku, Director of the Information and Communication Development Department of the Ministry of Industry and Information Technology, expressed the hope that the first 5G mobile phone would be launched in the second half of 2019. He said that in 2017, there were 1.03 billion 4G users in China. At present, 5G has entered a critical stage of international standard development, and a global consensus on 5G spectrum has taken shape. In the future, 5G will form a global unified international standard, and China ranks among the first echelon of 5G in the world. China has established a 5G cooperation mechanism with Europe, America, Japan and South Korea at the level of government and industrial organization. In the second half of 2019, 5G initially has commercial conditions, and it is hoped that the first 5G mobile phone will be launched at that time.

@RichardPlus:Expect to do whatever you want.

@ _ Your Xu greatly greatly:I feel like I have to change my mobile phone again!

@ Stocklee:China’s core is guaranteed, otherwise the consequences will be very serious.

@ xiao Xi:Come on, my country

@ March’s drizzle:No matter how many G’s, transparent service and reasonable charges are the right way!

[opinions]

[sharp view outside the industry]

Cold knowledge

Studies have shown that there is no difference between a broken heart and a broken arm to some extent. Those areas in our brain that will be activated by physical pain will also be activated when we are rejected in social interaction. Therefore, "I am very sad today, give me a bottle of aspirin." This sentence also has certain scientific truth.

[Wild weather]

From 08: 00 on April 23 to 08: 00 on April 24, there were moderate to heavy rains and local heavy rains (50-80 mm) in parts of northern Sichuan Plateau, southern Sichuan Basin, southern Gansu, central, eastern and southwestern Jiangnan, and central and northern South China. These local areas will be accompanied by strong convective weather such as short-term heavy precipitation and thunderstorms. There are 4 ~ 6 winds in central and eastern Inner Mongolia, Liaodong Peninsula, central and eastern Huanghuai, eastern Jianghuai, Jianghan and northeastern Jiangnan. Some areas in southern Xinjiang basin and other places have sand blowing or floating dust. The winds in the Yellow Sea and the northeastern part of the East China Sea can reach 8 and the gusts are 9-10.

This world, for some people, is so cold that nothing grows; For some people, it is bustling and hot, and every time you speak, there will be flowers and fruits. -Yan Lianke’s "Walking on the Road of Others"

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Illegal addition of banned raw materials, unauthorized production … National Medical Products Administration notified 7 cases of cosmetics violations.

  Cctv newsNational Medical Products Administration website reported on November 20th that National Medical Products Administration instructed local departments in charge of drug supervision and management to further promote drug safety consolidation and promotion, continuously strengthen cosmetics supervision, and severely crack down on serious illegal activities such as illegally adding prohibited raw materials to cosmetics, producing cosmetics without permission, and producing and operating unregistered special cosmetics. The departments in charge of drug supervision and administration in various places took active actions, investigated and dealt with a number of typical cases, and punished people according to law, effectively safeguarding the safety of public makeup. Now we are reporting 7 cases of illegal cosmetics.

  A case of Guangzhou Tianke Cosmetics Co., Ltd. producing and operating unregistered special cosmetics.

  In March, 2023, Guangdong Drug Administration conducted an investigation on Guangzhou Tianke Cosmetics Co., Ltd. according to the clues discovered by the national cosmetics sampling inspection. After investigation, the company produced and operated unregistered special cosmetics such as Tianke Hair Dyeing Cream (Natural Black), and provided false certification materials to deny the production of the above products during the investigation, deliberately evading the investigation and concealing the fact that its production did not meet the requirements. The above behavior violates the provisions of Article 17 of the Regulations on the Supervision and Administration of Cosmetics. According to Article 59 (2) of the Regulations on the Supervision and Administration of Cosmetics and Article 61 (1) (2) of the Measures for the Supervision and Administration of Cosmetics Production and Operation, Guangdong Drug Administration has given the enterprise and its legal representative severe administrative punishment.

  2. The case of Zhushaoxia Cosmetics Store in Jinshan District, Shanghai dealing in cosmetics that have exceeded the service life.

  In September 2022, Shanghai Jinshan District Market Supervision Administration conducted daily supervision and inspection on Zhu Shaoxia Cosmetics Store in Jinshan District, Shanghai. After investigation, the two cosmetics sold in this store exceeded the service life. The above-mentioned acts violated the provisions of Article 39 of the Regulations on the Supervision and Administration of Cosmetics, and the store was already subject to administrative punishment for illegal acts of the same nature in June of that year. According to Item (5) of Article 60 of the Regulations on the Supervision and Administration of Cosmetics and Item (4) of Paragraph 1 of Article 61 of the Measures for the Supervision and Administration of Cosmetics Production and Operation, Shanghai Jinshan District Market Supervision Administration gave the store and the principal responsible person a heavier and more severe administrative punishment.

  3. Qinghai Shu Jie Hotel Products Co., Ltd. produced cosmetics without permission.

  In March, 2023, the Market Supervision Administration of Ping ‘an District, Haidong City, Qinghai Province conducted an investigation on Qinghai Shu Jie Hotel Products Co., Ltd. according to the clues found in daily supervision and inspection. After investigation, the company did not obtain the cosmetics production license, and produced and filled cosmetics such as shampoo, shower gel and conditioner by itself. The above behavior violates the provisions of Article 27 of the Regulations on the Supervision and Administration of Cosmetics. According to Item (1) of Article 59 of the Regulations on the Supervision and Administration of Cosmetics, the Market Supervision Administration of Ping ‘an District of Haidong City gave the enterprise administrative punishment.

  4. Guangzhou Rongda Biotechnology Co., Ltd. used prohibited raw materials to produce cosmetics.

  In May 2023, Baiyun District Market Supervision Administration of Guangzhou, Guangdong Province conducted an investigation on Guangzhou Rongda Biotechnology Co., Ltd. according to the clues found in product sampling. After investigation, the company used dexamethasone, a raw material prohibited for cosmetics production, to produce cosmetics "Century Mystery Skin-nourishing Conditioning Cream". The above behavior violates the first paragraph of Article 30 of the Regulations on the Supervision and Administration of Cosmetics. According to Item (3) of Article 59 of the Regulations on Cosmetics Supervision and Administration, Guangzhou Baiyun District Market Supervision Administration gave the enterprise an administrative penalty.

  5. The case of Tianjin Long marcasite Xin Biotechnology Co., Ltd. producing cosmetics without permission.

  In April, 2023, Tianjin Drug Administration investigated Long marcasite Xin Biotechnology Co., Ltd. according to the clues reported by the masses. After investigation, the company produced cosmetics such as "Longtaisheng Cleansing and Tightening Ice Mask Set" without obtaining a cosmetics production license. The above behavior violates the provisions of Article 27 of the Regulations on the Supervision and Administration of Cosmetics. According to Item (1) of Article 59 of the Regulations on the Supervision and Administration of Cosmetics, Tianjin Drug Administration gave the enterprise an administrative penalty.

  6. Chengdu Zhuolanya Business Information Consulting Co., Ltd. produced and operated unregistered special cosmetics.

  In May, 2022, Chengdu Market Supervision Administration of Sichuan Province conducted an investigation on Chengdu Zhuolanya Business Information Consulting Co., Ltd. according to the clues found in daily supervision and inspection. After investigation, the company commissioned the production and operation of unregistered special cosmetics "Zhuolanya anti-hair loss shampoo". The above behavior violates the provisions of Article 17 of the Regulations on the Supervision and Administration of Cosmetics. According to Item (2) of Article 59 of the Regulations on Cosmetics Supervision and Administration, Chengdu Municipal Market Supervision Administration gave the enterprise an administrative penalty.

  Seven, Harbin Aisong Biotechnology Co., Ltd. Wumahe Branch produced and operated cosmetics that did not meet the technical specifications.

  In October, 2022, Heilongjiang Drug Administration conducted an investigation on Wumahe Branch of Harbin Aisong Biotechnology Co., Ltd. according to the clues found in product sampling. After investigation, the cosmetics such as "Qiancaoism scalp care hair mask" produced by this enterprise do not meet the relevant provisions of the Technical Specification for Cosmetic Safety. The above behavior violates the second paragraph of Article 6 of the Regulations on the Supervision and Administration of Cosmetics. According to Article 60 (2) of the Regulations on the Supervision and Administration of Cosmetics, the Drug Administration of Heilongjiang Province gave the enterprise administrative punishment.