Analyses On Sales Contract Dispute Case Between Zhang And A Branch Of Beijing Yonghui Supermarket Co.,LTD.

The Article 148,paragraph 2 of "Food Safety Law of the People's Republic of China"is a "ten times compensation system" clause in our country,which is an integral part of the system of punitive damages.Since 2009,the "ten times compensation system" regulations on encouraging consumers to actively participate in activities to combat the illegal behaviour of the seller of the production and sale of counterfeit goods production has played a good role,to a certain extent,effectively put a stop to the production of the seller of the production and sale of counterfeit goods.However,with the development of social economic activities,academic understanding of the "ten times compensation system" specific provision produced serious differences,especially on the elements of"damage",there are necessary and unnecessary disputes.Moreover,in the process of the application of specific cases,the courts have also found differences and disputes on the determination of the elements of "ten times compensation".In addition,when it comes to food labels should be identifying,sellers "knowing" and "damage" identifying and saving situation,theory and practice have intense discussion.In order to accurately apply the "ten times compensation system" rule,it is necessary to make a further definition of the constitutive requirement of "ten times compensation system" and the identification standard of our country.Food safety standards were made in order to ensure food safety.To violate the specific standards for food safety formulated by the authorized organs,departments and organizations of the laws and regulation,shall be deemed to be is not in conformity with the food safety standards."Ten times compensation system" is part of punitive damages provisions,in view of the particularity in the field of food safety at the same time,the "ten times compensation system" shall include "damage" elements,and the "damage"includes the actual damage and greatly harm no specific most public health and life safety the possibility of damage.For the former can be made of consumer proof to prove actual damages and causality,claims for medical attention,transportation,lost wages,disability support tools,disability compensation,funeral expenses,death compensation,and other laws and regulations of compensation for mental damage compensation project three times the damages and losses.The latter can be presumed by the judge according to the specific standards of food safety,and the consumer can claim the compensation of ten times the price.The "knowing" of the seller may be presumed by the seller to the violation of the food safety obligation stipulated by the laws and regulations.Producers and sellers in accord with"ten times compensation" under the premise of constitutive requirements,if you can proof to prove that the food does not affect food safety involved and will not result in misleading consumers can be exempt from the "ten times compensation".