【正文】
this Law, sells or uses the import modities subject to inspection by the modity inspection authorities, for the inspection of which he fails to file an application and which have not undergone inspection, or exports the modities for export subject to inspection by the modity inspection authorities, for the inspection of which he fails to file an application and which fail to pass the inspection, his unlawful gains derived therefrom shall be confiscated by the modity inspection authorities and, in addition, be fined not less than five percent but not more than twenty percent of the value of the modities。 and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law. Article 34 Where a unit, in violation of the provisions of this Law and without permission by the State administration for modity inspection, conduct inspection and survey of import and export modities, the modity inspection authorities shall order it to desist from the illegal operation。 confiscate its unlawful gains derived therefrom and, in addition, impose on it a fine of not less than the amount of, but not more than three times the amount of, the unlawful gains. Article 35 Where a person imports or exports modities which are adulterated or mixed with fake modities, spurious modities as genuine ones or defective modities as good ones, or unqualified modities as qualified ones, the modity inspection authorities shall order him to desist from importing or exporting modities, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not less than fifty percent of, but not more than three times the amount of, the value of the modities。 and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law. Article 36 Where a person fabricates, adulterates, deals in or steals modity inspection certificates or documents, seals or stamps, marks, sealing or quality certification marks, he shall be investigated for criminal responsibility according to law。 and if the violation is not serious enough for criminal punishment, the modity inspection authorities shall order him to rectify, confiscate his unlawful gains derived therefrom and, in addition, impose on him a fine of not more than equivalent of modities value. Article 37 Where a staff member of the State administration for modity inspection or the modity inspection authorities, in violation of the provisions of this Law, divulges the mercial secrets of which he is aware, he shall be given an administrative sanction according to law。 his unlawful gains, if any, shall be confiscated。 and if the violation constitutes a crime, he shall be prosecuted for criminal responsibility according to law. Article 38 Where a staff member of the State administration for modity inspection or the modity inspection authorities abuses his power, intentionally creates difficulties, engages in malpractices for personal gain, fabricates inspection results or neglects his duty and delays the inspection of modities and the issuance of certificates, he shall be given an administrative sanction according to law。 and if the violation constitutes a crime, he shall be investigated for criminal responsibility according to law. Chapter VI Supplementary Provisions Article 39 The modity inspection authorities and other inspection bodies that conduct inspection or providing inspection and survey services in accordance with the provisions of this Law shall collect fees according to relevant State regulations. Article 40 Regulations for the implementation of this Law shall be formulated by the State Council. Article 41 This Law shall go into effect as of August 1, 1989. 7