On The Position Of Professional Fake In The Implementation Of Food Safety Law

With the enactment of the new consumer law in 2013 and the Supreme Court judicial interpretation of food and drug, buying Fake on purpose will not affect consumer rights in the field of food, which triggered a new round of crackdown boom. In recent years, the vast majority of lawsuits for ten times compensation are filed by those people who are engaged in occupational activities of counterfeiting rights protection which has become an indisputable fact. Although they are active in the food safety as the first-line defenders of absolute main, their legal status and identity has always been in a gray area.The new Law of Food Safety was put into force in October 1,2015. The lack of positive incentives to private enforcement of the Old Law of Food Safety has weaken the additional effects of the private enforcement on public enforcement. Unfortunately, the revised Law of Food Safety still can’t respond to the problem of the identity of those who fight against fake products for the occupation. The judgment criterion of the subject qualification of consumers is not clear, as well as the application conditions of the liability for ten times compensation. In addition, different courts differ about the judicial recognition of "nonconforming to the food safety standards". The above reasons have caused considerable controversy about the lawsuits for ten times compensation filed by those who fight against counterfeit products for the occupation. To this end, it should be clear as soon as the judgment criterion of the subject qualification of consumers and the legislative explanation and judicial recognition of "nonconforming to the food safety standards". Occupation as cracking down on fake products should be included in the consumer category.This article will re-examine and determine the connotation of private enforcement of the Law of Food Safety, establish a theoretical foundation for further study and Through type analysis of a large number of cases about ten times compensation cases, in order to solve the theory and practice of the specific points of dispute and problems. Finally to recognize the important status of the participants for the private enforcement about the Law of Food Safety to provide reasonable suggestions for further incentives to play a private implementation. Professional fake people should be recognized private food safety law implemented as soon as an important participant status, regulate and guide the private enforcement, so as to really play the role of punishment and deterrence the liability for ten times compensation for illegal food producers and operators, as well as the average consumer incentive to participate in the private enforcement.This thesis sections as following:The first part, an introduction based on the analysis of the Supreme Court No.23 Guidance case the refinement of this problem gives an integrated overview the related literature, described the background and significance of the issue and the problem-solving ideas; The second part, theoretical analysis about the definition of private enforcement of food safety law; The third part, analyzes the current situation in the field of food safety and private enforcement of the Law of food safety and provide a realistic basis for solving problems; The fourth part, by type analysis of cases, to solve the theory and practice of the specific points of dispute and problems, provide guidance in addressing the judicial practice in the application of law dispute;The fifth part, the conclusion part, to regulate and guide the appropriate private enforcement of the Law of food safety and provide reasonable and feasible recommendations.