Study On The Judgment Method Of The Cross-Border E-commerce About Food Disputes

Due to the sustained and rapid growth of China's economy and the popularity of the Internet,consumers have become accustomed to purchasing overseas goods in order to pursue higher quality consumption.At the same time,however,the purchase of foreign goods consumption disputes has also occurred in large numbers.In the open judgment documents,the most common cross-border e-commerce disputes are related to food disputes.Due to various reasons,the different courts in China have different opinions on the same or similar cross-border e-commerce food disputes,which has a negative impact on judicial unity and authority.In view of this,it is necessary to conduct an in-depth study on how to properly handle cross-border e-commerce food litigation cases.Based on this,this paper adopts the method of empirical research.For the judgment rules of cross-border e-commerce food disputes,123 cases of China Judgment Paper Network are selected for statistics and analysis,and the corresponding conclusions are drawn.The empirical research on cross-border e-commerce food disputes in China shows that such disputes are mostly caused by the fact that the goods in question are not labeled with Chinese labels,and the added components of the products do not comply with relevant laws and regulations,which have not caused actual damage.In such cases,the disputes involved.The focus includes the legal nature of cross-border e-commerce transactions,whether the Chinese-language labels in the foods involved are not in compliance with China's food safety standards,and whether they should bear ten times the compensation for purchases and the identity of consumers.The controversy over the legal nature of cross-border e-commerce transactions is mainly between the consumer and the cross-border e-commerce company whether it is a sales contract or a contract.In this regard,most courts have determined that there is a contractual relationship between consumers and cross-border e-commerce companies,but there are still quite a few cases in which the referee has avoided the problem,that is,the court has not determined the contractual relationship.Among the cases concerning whether the Chinese label is not in conformity with China's food safety standards and whether it should be responsible for ten times the purchase amount,half of the courts believe that the Chinese label is not in compliance with China's food safety standards;half of the courts believe that cross-border E-commerce retail imports are not traditional imported goods,and should be handled according to the self-use goods purchased by individuals from abroad.It is not applicable to China's food safety law.In addition,the issue of the identity of consumers is also the focus of the referee.When the defendant proves that the p;laintiff is not a consumer who is protected by law,most courts have determined that they have not exceeded the reasonable range of normal living consumption.If they find that the goods have their claim after receiving the goods,they will not be able to sue the people's court.As a basis for inference by consumers.By summarizing and analyzing the nature of the above-mentioned referee factors,we can find out whether cross-border e-commerce contractual relationships,food labeling failures can claim punitive damages in cross-border e-commerce transactions,and whether consumers are consumers who are protected by law.The case played an extremely important role.According to empirical research,in the judicial practice,the judgment standards of cross-border e-commerce food disputes in China are not consistent.The reasons are mainly concentrated in the current legal vacancy,the compliance of existing cases and the lack of coordination of normative documents.It is worth mentioning that the promulgation of the "Electronic Commerce Law of the People's Republic of China",although to a certain extent is conducive to the regulation and promotion of cross-border e-commerce development,but the regulations on cross-border e-commerce management are not detailed enough,specific,practice The lack of operational guidance is still outstanding.For the above problems,this paper puts forward the following suggestions:first,improve the cross-border e-commerce legislation;second,use big data to strengthen cross-border e-commerce supervision measures;third,explore the unified path of cross-border e-commerce food trial standards.