An Empirical Study On The Behavior Of Knowing And Buying Fakes In The Field Of Food And Medicine

In 2013,Article 3 of the "Supreme People’s Court Regulations on Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases"(Fa Shi[2013] No.28)(hereinafter referred to as the "Food and Drug Regulations")denied that operators in the food and drug field "" Knowing the fake to buy the fake” defense.Since then,punitive damages lawsuits filed in the food and drug field have exploded.However,the judicial decision does not seem to be developing in the direction expected by the judicial interpretation.In the civil case,the people who know the fake and buy the counterfeit in the field of food and medicine have not been compensated smoothly.There have been many disputes in the determination of facts and judicial application.phenomenon is common.However,if legitimate rights protection exceeds the limit,there will be the risk of being involved in crimes.In criminal cases,the judgments on excessive rights protection of those who know fakes and buy fakes are also very different.The reason is that the relevant legal concepts such as "consumer" are vague,the food safety judgment standards are different,the burden of proof is unclear,the judicial authorities have different understandings of the applicable conditions of punitive damages,and the boundaries of crime and non-crime are different.So can punitive damages be applied to those who know fakes and buy fakes in the field of food and medicine? What is the limit of legitimate rights protection that constitutes extortion? By arranging and analyzing relevant cases,this paper summarizes four controversies in judicial practice,and puts forward relevant judicial suggestions,hoping to provide a theoretical basis for a unified judgment scale in judicial practice and ensure the predictability of the law.This paper is mainly divided into three parts: introduction,main body and conclusion,of which two to six chapters are the main text.The second chapter is to understand the controversial points of knowing and buying fakes in the field of food and medicine through the judicial status quo of civil cases and criminal cases,and put forward the necessity of its research.Sort out the focal issues in the judgment documents by type: through the China Judgment Document Network(1)and Peking University Magic Weapons(2),a total of 166 related cases were retrieved,and the controversies in the behavior of knowing fakes and buying fakes were summed up: the identification of those who know fakes and buy fakes,the food in the field of food and medicine Safety and the burden of proof,the relationship between actual losses and the application of punitive damages,and the legal evaluation of knowing and buying fakes in the field of food and medicine.Chapters 3,4,5,and 6 of this paper analyze the above four controversial issues,list the court’s attitude towards these controversial points,and discuss the legitimacy of punitive damages for those who know and buy fakes in the field of food and medicine.This article believes that those who know and buy fakes have the identity of consumers;food safety should adopt"formal standards" with national standards as the bottom line,pay attention to the meaning of labels and instructions affecting safety,and clarify the meaning of "knowing" by operators."To reduce the burden of proof for consumers;to clarify the connotation of "loss" and to determine that punitive damages do not require actual losses as a premise.Distinguish between food safety violations and fraud to determine the amount of punitive damages.Finally,starting from the legal evaluation of the civil court and the criminal court on knowing the fake and buying the fake,it is determined that the claims of those who know the fake and buy the fake are in line with the principle of good faith,and the criminal law should maintain its principle of modesty.constitutes extortion.