Whether to know a holiday to buy the false person that make a holiday to belong to consumer? Whether authority holds commodity cost the castigatory sex compensation of 10 times? Recently, legal precedent of when court of Qingdao city intermediate people announces on net of Chinese judge copy clerk civil dispute, gave out to affirm an answer to two afore-mentioned problems. This style of writing " forceful " , the wide attention that the judgment of straight face fake caused a society. (On April 11 " legal daily " )
This judgment causes public opinion attention, because,basically be to it before the adjudicative result of similar case is not quite same, maintain the person that know a holiday to buy a holiday for consumer, support the 10 times compensation that accuser advocates. In the meantime, of the court in judgment commentate law argue also makes a person impressive. The author thinks, this one court decision can regard classical legal precedent as, particular to concerning a respect to have enlightenment significance or caution action.
For instance, the person that the profession makes a holiday sees this adjudicates as a result meeting confidence soars, because not be,every execute the law branch or court support a profession to make a holiday. Be like again, right the person that make false, carry out holiday is education of a kind of caution, namely later with " the profession makes a holiday " for reject to compensate for may not canal to use. The person that make a holiday when the profession gets law supports, carry out is false person pay enormous price, be helpful for reducing fake to protect consumer rights and interests undoubtedly.
More important is, this one court decision is a kind of enlightenment to other court as a result. It is with this case exemple, the accused (namely businessman) referred 4 Guangdong on the court somewhere become effective court decision of the court, show accuser sued many different defendant at the same time, reason and requirement are similar, the court all rejects the litigant request of the 10 times compensation that accuser advocates. It is thus clear that different court is maintained to this kind of case and the court decision is different.
The first instance of court of district of Qingdao plum dark blue adjudicates, although adjudicate the accused is returned,return accuser (the person that know a holiday to buy a holiday namely) payment for goods, but the other suit request that also rejected accuser. That is to say, do not support the 10 times compensation that accuser advocates likewise. The reason that relevant court adjudicates so basically is, did not regard the person that know a holiday to buy a holiday as customer. And what Qingdao quadrangle adjudicates is the biggest differring is, knowing the person that the holiday buys a holiday also is consumer.
From the point of this judgment, qingdao quadrangle adjudicates to what this has a case rational has according to. Although professional striker purpose is gain, but the capacity that its also have customer at the same time, its rights and interests is to suffer " consumer rights and interests protects a law " of protection. And, " top people court about trying statute of comfortable use of case of food drug issue the regulation of a certain number of problems " in clear also " know a holiday to buy a holiday " can suffer law to protect.
Accordingly, each district court is in when hearing similar case, should form a kind of basic consensus, namely the person that the profession makes a holiday also belongs to consumer, if the 10 times compensation that its advocate is accorded with " food safety law " and " top people court about hearing case of food drug issue applicable law the regulation of a certain number of problems " formulary case, should support a profession to make dummy stand, this makes false, carry out holiday have active sense to keep within limits.
From the point of relevant report, of food domain make false, carry out holiday very rampant still. E.g. , the place such as the small supermarket of a lot of a rural area, buffet, market " mountain fastness food " flush. This is suspected of encroaching not only brand product, and food safety lacks safeguard. Again for instance, 2018, highest check hangs out his shingle supervised and direct a batch of production, sale is fake case of domain of safety of medicines and chemical reagents of product, food.
Each district judiciary should realize, food drug issue involves customer healthy with life safety, make false, carry out holiday browbeat badly consumer health and life, only severe blow just can compress illegal space. From the point of past circumstance, although the branch such as each district market, public security maintains high pressure to hit state, but involve those who feed medicine to make carry out sham phenomenon still many, and the profession makes a holiday is a kind of beneficial complement.
So, each district judiciary should unite supportive profession to make a holiday, decrease when fake, the profession hits false nature little. Of course, top magic art also can perfect relevant judicatory explanation further, or Qingdao quadrangle afore-mentioned legal precedent undertake popularizing. Additional, make goods of false, carry out holiday to feeding the other besides medicine, whether should the judiciary also support a profession to make a holiday, be worth to discuss. Author proposal, might as well support.
◎ is justice " conversation " , for fairness " Dai Yan " , if like this head date comments on an article, you subscribe to and criticize point out mistakes so that they can be corrected please, thank ◎
