Notice concerning Strengthening Governance over Peddlers and Street Stalls Selling Pirated and Illegal Products and Unlicensed Operations and Activities
All provincial, autonomous region and municipal “Sweeping Pornography and Striking Illegality” work leading small group offices, public security offices (bureaus), construction offices (committees), cultural offices (bureaus), press and publications bureaus, industry and commerce bureau, the Xinjiang Production-Construction Corps Public Security Bureaus:
In recent years, under the uniform deployment of the Party Centre, all localities and all departments have expanded their strength to attack infringement and piracy and protect intellectual property rights, and especially since last year’s launching of the “Hundred Days Anti-Piracy Campaign” and the “Daily Anti-Piracy Campaign” that is currently being conducted, the audiovisual and computer software market order has further improved, the market share of legitimate products has clearly risen, the consciousness to do business according to the law has further risen amongst businesspeople. Attacking infringement and piracy requires long-term and unflinching grasping, and we must both prevent a rebound, and must also pay attention to attack and govern peddlers and street stalls and unlicensed businesspeople, and strive to shape long-term supervision and governance mechanisms. On the basis of the spirit of the two Central organs’ “2007 ‘Sweeping Pornography and Striking Illegality’ Action Plan” and the important speech of Comrade Liu Yunshan at the 12th Nationwide “Sweeping Pornography and Striking Illegality” Teleconference, six Central departments, the nationwide “Sweeping Pornography and Striking Illegality” work leading small group, the Ministry of Public Security, the Ministry of Construction, the Ministry of Culture, the General Administration of Press and Publications, and the State Administration of Industry and Commerce, have decided to establish work mechanisms to govern peddling and street stalls and unlicensed operation of wholesale and sales of pirated and illegal publications, corresponding departments in all localities nationwide are to establish an analogous work mechanism, and according to the principle of localized management and who manages is responsible, adopt forceful measures to concentratedly govern the problem of peddlers and street stalls, as well as unlicensed businesspeople selling pirated and illegal publications, establish long-term and effective management mechanisms. Hereby, the relevant matters are notified as follows:
I, Work focus
All localities, on the basis of the real situation, through investigation and research, grasp the rules and activity areas of peddlers, street stalls and unlicensed businesspeople, determine focus patrol timeslots and focus positions. Focus timeslots generally are from 4PM until 9PM, the weekend, holidays and festivals and other mass leisure times, etc. Focus positions generally include residential areas, stations and docks, bustling blocks, pedestrian overpasses, underground passages, electronic markets, night markets, commodity goods wholesale markets, village and town market centres, etc. On the basis of grasping rules, law enforcement personnel, when necessary, may adopt methods to adjust work and rest times, utilize focus timeslots to implement high-density patrols in focus positions, and concentratedly govern illegal sales activities of peddlers, street stalls and unlicensed businesspeople.
II, Work duties
All levels’ “Sweeping Pornography and Striking Illegality” work leading small groups offices are the leading and coordinating organ in concentrated dealing with peddlers, street stalls and unlicensed businesspeople, are responsible for organizing and coordinating construction (urban management), culture, press and publications, industry and commerce, public security and other departments according to the work duties of each, implementing law enforcement responsibilities, regularly launching joint work conferences, collecting, gathering and notifying the relevant work situation of all departments, and organizing the press media to launch public opinion propaganda work.
Construction departments are responsible for bringing the situation of peddlers, street stalls and unlicensed businesspeople selling pirated and illegal publications into city appearance construction appraisal systems, guide city management law enforcement departments to investigate, prosecute and ban peddlers, street stalls and unlicensed business activities. Law enforcement departments must conclude letters of responsibility to manage the front of their gates or area management responsibility letters with focus departments’ relevant work units, fully give rein to the supervision and reporting function against peddlers and street stalls of neighbourhood committees, management committees, schools, organs, business towers, supermarkets, restaurants and other work units, and focus on linking are management. Cities that already implement digitized urban management must bring this work into the digital urban management system and conduct assessment and management.
The Ministry of Culture is responsible for daily supervision and management of audiovisual markets and other audiovisual product business venues, and to adopt firm measures attacking and governing those wholesaling or selling pirated audiovisual products, and preventing a rebound of regular shops sell pirated products; assisting urban management law department departments in investigating prosecuting and banning peddlers, street stalls and unlicensed businesspeople selling pirated products. Timely reporting audiovisual product storage nests, sales network points and other information discovered during law enforcement and investigation work to relevant departments and coordinating in attacking and governing them. According to the requirements of the “Audiovisual Product Wholesale, Retail and Rental Management Rules“, strengthening audiovisual product retail network construction, establishing and completing management systems, providing conveniences to consumers’ purchasing of legitimate audiovisual products, and using legitimate audiovisual products to occupy the market.
Press and publications departments are responsible for conducting supervision, management and inspection of printing, reproduction, distribution, storage, transportation and other segments, capturing illegal publications, getting to the root of illegal publishing activities and tracking them down to the source, strictly investigate and thoroughly research the origin and destination of goods, thoroughly investigate the responsible work units and responsible sources, and investigating their responsibility according to the law, concerning suspected criminal cases, they must timely transfer these to the public security organs according to regulations.
Industry and commerce departments are responsible for investigating, prosecuting and banning unlicensed business shops selling pirated and illegal publications, confiscate the pirated and illegal publications that unlicensed shops trade in and corresponding equipment, coordinating with urban management law enforcement departments to investigate, prosecute and ban peddlers and street stalls selling illegal publications.
Public security departments coordinate with construction (urban management), culture, press and publications, industry and commerce and other departments in investigating and prosecuting peddlers, street stalls and unlicensed businesspeople selling pirated and illegal publications, timely registering and handling suspected criminal cases transferred by administrative departments, and investigating and prosecuting, according to the law, acts of obstructing State organs’ work personnel implementing their duties according to the law.
III, Work requirements
(1) All localities and all relevant departments must comprehensively plan law enforcement forces in their locality and tackle matters in a comprehensive manner.
(2) Relevant departments must both perform their own functions, and also consider the larger picture, closely cooperate, and shape polled and perfected law enforcement information communication mechanisms, share resources, timely report case clues and the investigation and prosecution situation to relevant departments.
(3) Establishing joint conference systems, regularly communicating information and coordinating activities. Starting from the real situation in the localities, expand attack strength, integrating decentralized law enforcement and concentrated governance, fundamentally changing the phenomenon of sale of pirated and illegal publications at street corners in large and mid-size cities nationwide in 2007.
(4) Relevant Central departments will organize inspection teams at irregular intervals, to conduct inspection and appraisal of attacking peddlers, street stalls and unlicensed businesspeople in focus cities.
National “Sweeping Pornography and Striking Illegality” work small group office
Ministry of Public Security
Ministry of Construction
Ministry of Culture
General Administration of Press and Publications
State Administration of Industry and Commerce
17 May 2007