The city Intermediate People 's Court professional crackdown cases
With the increasing prosperity of the market economy, the implementation of the new "Consumer Protection Law", the consumer awareness of the growing rights of the rights, the success of the new consumer rights and interests of the implementation of the law, Rights action often reported that "no land" gave birth to the "professional fake" this special group. Wuhan City Intermediate People's Court on the 9th, the city "professional crackdown" litigation in recent years become common practice, and called for reasonable rights. August 31, 2014, the plaintiff Yang (professional fake) to the defendant Wuhuo sales museum to pay 200,000 yuan to order the total price of 520,000 yuan D brand dry sea cucumber forty boxes. Yang then sent the product to the Wuhan Product Quality Supervision and Inspection of the test to their own purchase of D brand sea cucumber protein content did not meet the implementation of food packaging labeling standards, food labels are not marked add salt, suspected of selling knowingly do not meet food safety Standard food and other reasons, to the Wuhan Intermediate People's Court proceedings. Request under the "Food Safety Law" Article 148, the request of the defendant to defend the defendant to return to the plaintiff to purchase 52,000 yuan, and compensation of 5.2 million yuan. Wuhan Intermediate People's Court considered that the protein content of the nutrient table was higher than the detected value, but it was not in the range of error stipulated in the General Code for Nutrition Labeling of Pre-packaged Foods (GB28050-2011) Dry sea cucumber in the processing of the necessary ingredients, pre-packaged food labels are not marked add salt belongs to the label is not standardized, should be ordered by the food regulatory authorities rectification, not the food itself does not meet the safety standards; brochures involving publicity and treatment, disease prevention , There are suspicious propaganda suspects, but not for food safety carried out false statements. In summary, the supermarket did not sell know that is not in line with safety standards of food, the court asked Yang in accordance with the purchase price of 10 times the claim is not supported. The parties may agree to terminate the contract. September 16, 2015, Wuhan City Intermediate People's Court made the verdict: First, Wuhan Wuxiang Trader Chain Co., Ltd. Super Life Museum limited return Yangmou payment of 520,000 yuan, Yang returned at the same time forty boxes involved D brand sea cucumber to Wuhan Wushang Trader Chain Co., Ltd. Super Living Museum, such as Yang can not be returned at the time, the price of 13,000 yuan per box to offset the purchase price; Second, dismissed Yang other litigation request. According to Yang himself introduced from the beginning of 2014, he was removed in the major shopping malls in a large number of purchase of sea cucumber, and to protein, salt, fat, national security standards and other grounds, to more than a number of courts litigation , In accordance with the provisions of the Food Safety Law fake a compensable ten Wuhan Intermediate People's Court statistics show that the city in recent years, "professional crackdown" litigation is not uncommon. Wuchang District Court in 2015 received a total of 17 cases of product liability disputes, at least 12 as "professional fake", accounting for 71% of similar cases. The city's Intermediate People's Court professional crackdown cases, also accounted for 47% of product liability dispute cases. Wuhan Intermediate People's Court on a number of typical cases to sort out and found that these cases are obvious features: First, the defendants are the city's major supermarkets. Second, "professional fake" by screening, selection, in the supermarket to buy their own that there is quality or only the packaging of flawed products (mostly food), and then the product does not meet the relevant national standards, the supermarket did not fulfill the inspection obligations To bring a lawsuit against the court. Third, the purpose of professional fake people with the pursuit of ordinary consumers, "return", "more true", "pique" is different from the purpose of their pursuit of the law clearly stipulates the payment price "triple compensation" or "ten times compensation" The quantity and price of the purchased goods are usually large. It is reported that the outcome of this type of professional counterfeiting cases are generally two: the vast majority of cases in the court during the trial by the judge the pros and cons, professional fake people can generally communicate with the supermarket side to obtain certain economic benefits to the court to submit a withdrawal application Or sign a mediation agreement; a very small number of cases will be closed by verdict, and "professional fake" victory in the majority of cases. Wuhan Intermediate People's Court pointed out that the new "Food Safety Law" to introduce the "social co-governance" principle, to encourage all aspects of society involved in food safety governance. In principle, as long as the objective is conducive to food safety governance, it should not be denied. In the court, "professional fake" does not shy away their identity, they are well versed in the law, familiar with the rights procedures, single litigation subject amount of large, shot can be described as "fast, accurate, ruthless." The rise of this group, relying on the state at the legal level to strengthen the protection of consumer rights and interests of the policy brought about by the "dividend", a modest increase in professional counterfeiting lawsuit, can forcing production, sales enterprises in the details of the promotion of product and service quality The But also reminded, "professional fake" should pay attention to moderate, according to the law, reasonable rights, to guard against "professional fake" gathered into a group, the formation of industrial chain, malicious litigation, group litigation, to avoid the waste of judicial resources.