An Analysis Of The Disputes On The Sales Contract Between Zhangqiulei And Hongxing And Sanlitun Tongli Company

With the rapid development of China’s commodity economy,the food market is also booming,and the choice of the people is also greatly increased.But at the same time,for the sake of economic interests,some people ignore the provisions of legal safety standards,ignore the food safety production and transportation process,and turn a deaf ear to the people’s health.Article 148 of the food safety law stipulates the liability of“ten times compensation”,and the high amount of compensation also leads to the chaos of “knowing the fake and buying the fake”.Under the temptation of huge economic benefits,some people still buy the food knowing it is unsafe,and then claim for economic benefits through litigation.First of all,in the case of Zhang qiulei v.Hongxing and Sanlitun Tongli company,the plaintiff Zhang qiulei purchased some “XO brandy”wine from Tongli company,knowing that there was no label,and then filed a lawsuit on the ground that the purchased goods were not attached with food label,asking for refund of the goods and “ten times compensation”.Secondly,through the analysis of the case,the focus of the dispute is summarized.According to the relevant laws and regulations,the case of“XO brandy” without food labels,should be determined not to meet the safety standards.If the operator fails to fulfill the inspection obligation,it belongs to selling with “knowing”that it does not meet the safety standards.For Zhang qiulei,it should be identified as a consumer,and then the punitive damages provisions are applicable in this case.Finally,for the problems highlighted in this case,give suggestions to improve.For the behavior of “knowing and buying fake”,we should strengthen the legislation,improve the system,subdivide and treat the actors differently,and strengthen the regulation and guidance,so as to become an important force in the social supervision of food safety;expand the subject of responsibility and right of punitive compensation,bring the operator’s loss into the scope of subjective “knowing”,Reasonable compensation standard should be set to better play its function of containment and prevention.