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Legal Regulation Of Professional Anti-counterfeit Behavior In Food Safety Industry

Posted on:2021-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2416330626966281Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the emergence of punitive damages and other relevant laws and regulations in the food safety law,the anti-counterfeiting direction of "professional anti-counterfeiting" has shifted from the quality problem of industrial products to the field of food safety,resulting in the upsurge of "professional anti-counterfeiting" in the food field.In food fight cases under the condition of rapid growth,the concept of "customers" in "consumer rights and interests protects a law" is not clearly defined,in the "food safety" fuzzy "is not in conformity with the food safety standards",and so on legislative issues exist in judicial practice,the judge for "occupational fraud cases disputed point to judge when the differences or even the phenomenon of chaos.Therefore,it is urgent to clarify relevant legal concepts and specify the identification of food safety standards.Legislation is adopted to solve the problem of the same case and different judgment in the current judicial system,so as to better deal with the "professional anti-counterfeiting" behavior in the food industry,save judicial resources and purify the food market.This paper firstly analyzes a large number of relevant judgments,summarizes and compares the dispute focus and legal regulation status of "occupational anti-counterfeiting" cases,and puts forward Suggestions for improving relevant laws and regulations by unifying the relevant standards for "occupational anti-counterfeiting" cases of food safety in judicial practice.This paper mainly includes four parts: 1,to the "professional anti-counterfeiting" in the field of food safety analysis and comparison of the typical case,analysis of the current in the field of food safety "professional anti-counterfeiting" behavior of the status quo,found that the current food safety "occupational fraud behavior is more controversial point and different sentence is serious and connection with the" professional impact people are controversial problems such as being able to apply the punitive compensation system are analyzed.2.It is the analysis of the current status of the legal regulation of "occupational counterfeit fighting" in the field of food safety,and it is found that the current legislative status of "occupational counterfeit fighting" in the regulation of food safety has fuzzy food safety standards and insufficient legal basis for the regulation of "occupational counterfeit fighting" behavior,resulting in poor judicial regulation effect.3.The reasons for the problems in regulating "occupational counterfeit" behavior in food safety are analyzed,and it is found that the reasons mainly include insufficient understanding of the particularity of "occupational counterfeit" behavior and insufficient legal regulatory basis.4.Finally,a series of Suggestions are put forward on the legal regulation of "professional anti-counterfeiting" behaviors in the field of food safety,the unification of relevant standards,the improvement of relevant specific legal provisions,and the refinement of the level of punitive damages.
Keywords/Search Tags:Food safety, Professional anti-counterfeiting, Know false buy false, Punitive damages
PDF Full Text Request
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