Law Of The Ncoh Event "thinking

The National Organization of Dental Disease Prevention which was frequent and impressive in those advertisements of toothpaste, its appeal of market was unusual. In the minds of many consumers, the products preceded have whether "National Organization of Dental Disease Prevention authentication" or words-like mean safe, reliable, effective and buy with confidence. However, in November of 2006, the organization's authentication activity was announced to be illegal, and this let it promptly to be stopped. In April of 2007, Ministry of Public Health circulated a notice and canceled the organization. This stunned the public and caused a big shock.In this paper, while aggregate and reflect on this event, mainly analyze from the point of view of law. Which laws were violated and why this event happened? On this basis, make some corresponding countermeasures and suggestions to prevent similar events. This paper is divided into three parts:PartⅠ: the background on the topic. This section outlines the event, describes the sequence of the event and the social problems exposed by the event. On this basis, extracts the theme of this paper: thinking the event from the legal viewpoint.PartⅡ: the legal analysis of main issues related to the event. There are three aspects of legal analysis about the event: First, illegal certification. Without the approval of the Commission of Supervision and Management of Certification, The National Organization of Dental Disease Prevention made certification for many enterprises' products, the certification was unlawful. In addition, the organization was set up by the Ministry of Health, and they linked to each other inextricably. This violated the provided of the article 14 in "the People's Republic of China Certification and Accreditation Ordinance"—the certification agencies and the government organ couldn't have any interests related to each other. At the same time, after the certification for enterprises' products, The National Organization of Dental Disease Prevention charged high fees through the Teeth Foundation. So it violated the provided of "the People's Republic of China Certification and Accreditation Regulation" Section 2, Article 10: certification agencies should not accept any funding which possibly affect on the objective and fair certification activities. Through the media investigations, the process of the certification is certain doubts. Seen in this light, the Organization's "authority certification" is in fact illegal certification. Speaking in essence, "authority certification" is the result of rent-seeking of public credibility. Second, the enterprises made false propaganda. China's "Anti-Unfair Competition Law", "Advertisement Law" and "Law on the Protection of the interests of consumers" provide that the indication of the use and performance of goods must be true, and not to be the false propaganda. In this event, the business operators used false and exaggerated languages in their product packaging and advertising, mislead the consumers, violated the "Anti-Unfair Competition Law", constitute false propaganda, and should bear the corresponding legal liability. Third, made inroads" upon the consumers' right to know. The business operators had known or should know the National Organization of Dental Disease Prevention was not approved for products authentication, and commissioned it for certification yet, indicated the certification results in the product packaging and advertising, let consumers misunderstand that the certification is legitimate, which infringed the consumer's right to know.PartⅢ: countermeasures and suggestions. Based on the analysis of lawlessness and cause in the second part, three aspects of corresponding countermeasures and suggestions are proposed to prohibit and prevent the similar problems. First, straighten out the existed certification organizations and which didn't has conditions and certification qualified should be banned. Improve the relevant legislation of certification; further specify the related laws and regulations. Eliminate any related interests between certification organ and the executive authorities to prohibit illegal certification. Prohibit agencies charge extra for certified acts to maintain the neutrality and impartiality of the act. Second, enterprises' credit system should be established to prevent the false propaganda. Perfect advertising review system; establish the responsibility of the presumption of false propaganda system and no-fault liability system. Finally, improve the protection of consumer's rights and interests of relevant legislation, expand the connotation of consumer's right to know, Put "consumers are given the right to knowledge" into the scope of consumer's right to know. Allow sue by potential consumer and the consumer whose rights not to be violated yet, thus expanding the remedy scope. Expand the channels of legal protection of consumer's right, give consumer associations litigation status. In addition to, establish a mechanism of public interest litigation for consumer disputes to effectively protect the consumer's right to know which as a basis of consumer's rights. Strengthen the government's supervision to mass media for providing consumer information. And enhance the obligations of government and the consumer associations of providing consumer information to the public, to guarantee for the authenticity and accuracy of consumer information.