Study On The Application Of Punitive Damages For "Knowing And Buying Fake" In The Field Of Food And Medicine

The phenomenon of "knowing fake products and buying fake products" is prominent in the food and drug field.The academic and practical circles have been disputing the application of punitive damages for "knowing fake products and buying fake products" in the food and drug field,and the relevant laws and judicial interpretations have not clearly stipulated this issue.Through a detailed review of 300 representative judgment documents,it can be seen that judicial judges have different understandings on such issues as "identity positioning of those who ’knew about buying fake products’ ","whether those who’ knew about buying fake products’ were cheated","Principles of food safety standards identification" and so on.In the process of judicial adjudication,there are some legal problems,such as unspecific reasoning,wrong application basis and inconsistent compensation standards.The phenomenon of dissenting judgment in the case of "punitive damages applied to cases of ’knowing and buying fake products’ " is prominent.These situations have seriously damaged the authority of law.No matter from the effect of sales contract,existing legal provisions,or from the perspective of law and economics,"buying fake" can not completely exempt from the application of punitive damages,but has its legitimacy basis.However,due to the lag of the law and the realistic predicament,the application of punitive damages without exception to "knowing fake goods and buying fake goods" has also brought negative effects.Not only appears the chaos of fighting fake goods for profit and abusing civil rights,but also has obvious drawbacks such as the failure of social integrity mechanism again and unnecessary consumption of administrative and judicial resources.It should be admitted that there are good and evil motives for the behavior of "knowing fake and buying fake",and the two-sided function of the punitive damages system is prominent.In order to achieve the balance of interests of multiple subjects,the distinction and application of punitive damages for "knowing false and buying false" in the field of food and medicine is both reasonable and necessary.In general,the application path of punitive damages in the field of food and drug "knowing fake buying fake" can be optimized from the following aspects: first,to improve the judicial interpretation of food and drug disputes,for the identification of "knowing fake buying fake",the components of operator fraud,food safety standards review principle,compensation amount standard and other controversial points are clearly stipulated;Second,establish the applicable rules for classification and identification of behaviors of "knowing fake and buying fake",reasonably divide the applicable situations of different behaviors of "knowing fake and buying fake";Third,we will strengthen the guidelines for typical cases of "knowing and buying fake" to ensure that different courts can make the same judgment on the application of the same cases.