The profession hits dummy to buy more than yuan 20 thousand
Import red wine without Chinese label
Sue claim for compensation " retreat one compensate 10 "
Court of first instance decides its are not consumer
Support retreats goods not to support decuple compensate
This year 15 eve of 3 ·
Quadrangle of city of Qingdao of 2 careful court
Decide its are consumer
Support " retreat one compensate 10 "
Judgment uses the space of 1400 words
Proving a profession to hit dummy also is consumer
Banner brightly support knows a holiday to buy a holiday
In July 2018, han Mou is in Qingdao city much better and wholesale supermarket bought Li Cang division twice in all early or late red wine of 12 bottles of SALVALAI (nominal Italian entrance; The name of an article: Amaluoni Wei the rank of nobility claret 2010) , pay in all 20160 yuan. Han bought whole process some pair to all undertake kinescope. Kinescope shows, what buy red wine to all do not have Chinese label and Chinese specification.
Subsequently, han Mou tells the businessman the court, all do not have Chinese label and Chinese specification with what its buy red wine, do not accord with food safety for the standard, according to " food safety law " claim for compensation " retreat one compensate 10 " .
Basis " food safety law " relevant provision, the label that the food safety such as wholesome, nutrition asks to concern is the serious content of food safety standard; The bag mount that packs food beforehand ought to have ticket, indicate the manufacturing date of the product, composition or burden watch, expiration period, store the content such as the means of name address connection of condition, generator; Of the entrance pack food to ought to have Chinese ticket beforehand, prohibit importing otherwise.
Although court of first instance maintains experience table red wine to do not have Chinese label, belong to the food that does not accord with food safety standard, but buy experience table red wine several times with accuser not edible, later to forensic to lodge a complaint, and before its mention in other court a certain number of removing that mark without Chinese into lipstick wine for case of claim for compensation, maintaining its to buy end of experience table red wine in the accused place is to seek profits, do not belong to consumer.
Court of first instance adjudicates support returns money accordingly, but the litigant request that rejects accuser to advocate decuple compensation. Han Mou refuses to obey court decision, to Qingdao city intermediate people court mentions appeal.
This year on March 6, 2 careful court makes final judgment adjudicate, support Han Mou " retreat one compensate one " litigant request, sentence your businessman decuple compensation payment for goods two hundred and one thousand six hundred yuan. 5000 words control judgment full text, proved a profession technically to hit dummy to also calculate consumer with 1400 much words among them.
In recent years, the profession hits dummy from " the hero that make a holiday " height, decline " person of professional person claim for compensation " trough, what because a variety of reason experience include,reach a court inside about the branch is various doubt. Concerned law personage expresses, the court decision that Qingdao city quadrangle makes this, will cause each to just buy false deed to knowing a holiday pay close attention to again and heat is discussed.
It is former abstract of final judgment judgment to record below:
0
1
Those who buy is means of subsistence it is consumer
The goods that * wants him to buy only is means of subsistence, he is the consumer that disappear law indicates.
Textual:
About this case appellant the problem that is consumer. Consumptive cent is the consumption of the consumption that produces a material and means of subsistence, only the consumption of means of subsistence just is " consumer rights and interests protects a law " protects consumption. Accordingly, judging a natural person is consumer not be the subjective condition with him is a standard, and should be a standard with the property of bought goods, the goods that wants him to buy only is means of subsistence, he is the consumer that disappear law indicates. " consumer rights and interests protects a law " the 2nd " consumer needs to buy for life consumption, use commodity perhaps accepts a service, its rights and interests gets this law protection; This law did not make a provision, suffer other concerned law, code to protect " not be to give consumer to give a definition, the adjustment that makes clear this law however limits. This is OK from " consumer rights and interests protects a law " the 62nd gets confirm, this regulation " the farmer is bought, use the manufacturing data that is used at agricultural production directly, consult this law is carried out. " what this case appellant buys is means of subsistence, it is consumer consequently.
0
2
The person that the profession makes a holiday also is consumer
* when all consumer arousal, become the potential person that make a holiday, so the conduct that makes false, carry out holiday also lost the market.
The interest that * asks forensic support makes false, carry out holiday makes false profit in the negative, be with the person that make false, carry out holiday the accent of a footing.
Textual:
The person that make a holiday about the profession is the problem of consumer. This academy thinks,
One, the standard that judges consumer, not be the subjective condition with buying principal part, it is a standard with the property of the content of mark however;
2, , the person that make a holiday to the profession hard gives a definition. Does consumer hit a holiday to there is index? Common the person that the person that make a holiday hits a holiday to make a holiday into the profession with respect to change how many times, give out hard such standard;
3, making a holiday is meddlesome not be evildoing. The person make a holiday with legal successful provision has authority to advocate castigatory sex compensation, show law encourages dozen of holiday, making a holiday is meddlesome. Making a holiday is meddlesome, hit a holiday 10 times to become bad thing impossibly;
4, even if when the person that the profession with accepted society makes a holiday buys means of subsistence, also cannot change the status of its consumer;
The end that hits a holiday is possible to gain profit, anybody lawsuit is for the interest, everybody is dinkum go to what the court will meet with to experience proceeding, civil suit is such, administrative lawsuit, criminal lawsuit also is such, cannot the purpose because of party is to gain profit, the court rejects the litigant request of suitor. Interest component is legal interest and illegal profit, what the court protects is legal interest, negative is illegal profit. Those who make false, carry out holiday get is illegal profit, hitting what the holiday gets is legal interest, to get lawful benefit, give no cause for more criticism. The interest that asks forensic support makes false, carry out holiday makes false profit in the negative, be with the person that make false, carry out holiday the accent of a footing.
The person that the some people muzzle alignment law makes a holiday, the person that do sell one's own things to make a holiday is painful, the issue with the sharp person that make false, carry out holiday, deviate from the basiccest people volition, because everybody is consumer, " consumer rights and interests protects a law " the volition that is people.
Hit a holiday to also need major, if make a holiday for many times person the word that can define the person that make a holiday for the profession, so the pioneer that the person that the profession makes a holiday is consumer, suffer naturally " consumer rights and interests protects a law " protection.
0
3
Should support know a holiday to buy a holiday
* unwitting consumer makes a holiday impossibly, and the consumer of know the inside story forbids to make a holiday again, it is OK to make false conduct of false carry out hall and of emperor was popular
Textual:
Netizen heat is discussed
Canzonet is checked
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