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China feeds how: Does the sale expire 6 times sauce flesh ham? Wo Erma is punished Wo Erma of 50 thousand yuan of Yunnan refuses to obey punishment, shape accuses dish of dragon region market to supervise management board to sell 6 to expire " ham of the double flesh that collect sauce " ? Money of punishment of management board be supervisoried by market of Kunming city Pan Long district confiscates branch of road of continuous heavy rain of Yunnan Wo Erma 50 thousand yuan illegal earning 22.62 yuan. After the event, limited company of general merchandise of Yunnan Wo Erma (the following abbreviation " Yunnan Wo Erma " ) refuse to obey punishment, one paper indictment controls market of Pan Long region management board to tell a court, requirement cancel punishs a decision. Yesterday, court of people of Pan Long division made public open a court session to try this to rise " civilian tell an official " case.
Supermarket of Yunnan Wo Erma is fined 50 thousand yuan
Last year on October 12, market of Pan Long region supervises management board to receive consumer to complain, complain him person to be in Kunming of limited company of general merchandise of Yunnan Wo Erma branch of road of continuous heavy rain (the following abbreviation " branch of road of continuous heavy rain " ) when shopping, bought 6 to exceed the expiration period " ham of the double flesh that collect sauce " , objective and small bill buy place to make this inning later.
Market of Pan Long region supervises management board to think, via checking, 6 when offer in consumer " ham of the double flesh that collect sauce " on food label, among them a tagging manufacturing date is 20170625GF, additional 5 birth date is 20170707GF, food expiration period is 90 days. That is to say, the expiration period already exceeded 19 days when raising a sale among them, the expiration period already exceeded additionally 6 days when 5 sales.
The detail record that from Yunnan Wo Erma provides shows, this inn sold this norms on October 12, 2017 " ham of the double flesh that collect sauce " 7, among them 6 shop with what inform against a person to offer small bill be identical. Accordingly, but confirm exceeds the expiration period 6 times " ham of the double flesh that collect sauce " for branch of road of continuous heavy rain the sale goes.
Accordingly, market of Pan Long region supervises management board to make administration punish to branch of road of continuous heavy rain, confiscate illegal earning 22.62 yuan, fine 50 thousand yuan.
After the event, yunnan Wo Erma refuses to obey this punishment, sale of branch of road of cognizance continuous heavy rain exceeds inadequacy of evidence of expiration period commodity, this administration punishment nots agree with the relevant provision of lawful law. One paper indictment controlled market of Pan Long region management board to tell a court, ask this administration punishs cancel.
Accuser evidence is insufficient, complain a person to have " stealthily substitute one thing for another " suspicion
Yesterday morning, court of people of Pan Long division makes public open a court session to try this to rise " civilian tell an official " case.
On the court, yunnan Wo Erma thinks, supervisory management board of market of Pan Long region maintains sale of branch of road of continuous heavy rain to exceed evidence of expiration period commodity to be not worth. Above all, supervisory management board of market of Pan Long region is in receive after complaining, undertook to bazaar of branch of road of continuous heavy rain the spot is checked, but the commodity that the examination did not discover to sale of branch of road of continuous heavy rain complains person place as a result.
Next, shop by what complain a person to offer only small bill and objective photograph, the commodity that the expiration period exceeds in holding a photograph namely is sale of branch of road of Wo Erma continuous heavy rain, fail to remove reasonable suspicion, clear evidence is insufficient. "The bar code on commodity is the whole nation's uniform bar code, be not belong to bazaar of branch of road of continuous heavy rain to have only especially, can not prove goods is bought in branch of road of continuous heavy rain directly. Can not prove goods is bought in branch of road of continuous heavy rain directly..
In the meantime, yunnan Wo Erma thinks, according to the monitoring video record of bazaar, complained a person to buy 1 only in branch of road of continuous heavy rain " ham of the double flesh that collect sauce " , its complain and rather than 6 when what weigh. And according to monitoring video presentation, complain a person to leave after branch of road of continuous heavy rain buys goods, it is outside bazaar as confluent as other, the person is complained to return branch of road of continuous heavy rain to complain again after half hour bought the goods that exceeds the expiration period. This case complains a person mediumly to be not average consumer, however a flock of occupational " make a holiday " personnel, kunming has been in before the supermarket has undertaken much home Woerma many complain similarly.
"This case complains a person mediumly is actually ' the profession hits dummy ' , when they are making a holiday, can take a picture on the spot obtain evidence. But this case complains a person to do not have relevant video proof, and leave market after hour and half other are confluent, return bazaar to undertake complaining, so we have reason suspicion to complain person existence to move packet of action. Although do not have direct evidence to prove commodity is moved to wrap, but have a lot of and reasonable suspicion. " Woerma's agent says Yunnan.
This case fact maintains the accused clear process is legal
On the court, chief says related supervisory management board of market of Pan Long region, accept customer complain after informing against, on October 16, 2017, this bureau executes the law personnel undertook checking checking to the supermarket, did not discover really inside ark of supermarket cold storage that day super- period food is making work. But the examination is in the accident after 4 days, and in the accident that day, complained a person to just undertake complaining to the supermarket, and seek redress. Imagine, after be complained by the person, whether can you still put the food that exceeds the expiration period inside the supermarket to continue to sell? Accordingly, execute the law when personnel undertakes checking, did not discover expire food is making work, also be the result that foretells necessarily.
Shop small bill, it is consumer is bought commodity and accept what consumer opens by operator after the service to shop, consumptive proof, it is to prove consumer has bought commodity or the main bill testimony that had accepted a service.
When complaining a person to undertake complaining informing against, carried shop small bill and objective undertake complaining informing against to supervisory management board of market of Pan Long region, and shop small bill is branch of road of continuous heavy rain opens consumer. The basis shops small bill, can proving accuser supermarket completely is to had sold this really " ham of the double flesh that collect sauce " the fact of commodity.
The supermarket thinks to complain a person to buy 1 only " ham of the double flesh that collect sauce " , its complain and rather than 6 when what weigh, video of the monitoring inside the supermarket can confirm. But investigate according to this bureau, 6 pieces when consumer refers shop small bill and Yunnan Wo Erma refer this bureau shop small bill is consistent.
Additional, in state law code, right " the profession hits dummy " was not restrained and make be restricted, accuser it is the profession hits dummy to come in order to complain a person illative oneself do not have fault, it is a kind of evade completely.
To the video data that Yunnan Wo Erma provides, market of Pan Long region supervises management board to think, narrate like accuser place truly in video, the supermarket leaves after complaining a person to buy goods, it is inside half hours as confluent as other it is a fact, but there is experience case completely in video expire food is the person that be complained changes " stealthily substitute one thing for another " content, also be the suspicion of accuser home remedy only, without direct evidence, accordingly they did not collect a letter. "The supermarket proves effectively to complain person existence to carry experience case commodity to enter market without evidence, undertake empty hits small bill to form the fact of false transaction again, also cannot prove to complain person existence ill will to move the action of the bag, ought to assume responsibility of quote not do one's best. " on the court, market of Pan Long region supervises the agent of management board to say.
Market of Pan Long region supervises the agent of management board to think at the same time, this bureau according to is legal program, had field survey, inquiry, inform, the link such as hearing of witnesses, the process is legal. And it is clear to be maintained to this case fact, remove reasonable suspicion. Accordingly, decision of this administration punishment is lawful.
This case was not adjudged on the court. Cheng of Tao Peng of Lin Shujia of reporter of city times entire media's trainee
Supervise the manufacture of: Hua Chengming
Chief editor: Liu Kelin
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