The Study On The Legal Issues Of Occupational Food Anti-Counterfeiting

Occupational food anti-counterfeiting refers to a group of people who make living by cracking down on fake and shoddy foods.By finding the problems existing in food quality,label,term of validity and advertising,they obtain benefits through claims,complaints and reporting to certain administrative departments.The arise of occupational food anti-counterfeiting groups to some degree help law enforcement agencies to find food which do not conform to food safety standards and purify the market.However,those occupational food anti-counterfeiting people do not actually pay attention to the food quality itself.They often purchase foods while knowing there are mistakes in the food packaging,labels and instructions,and achieve profits through claims.It costs a large number of administrative and judicial resources to deal with these claims.Different views are held in academic fields on the qualification of occupational food anti-counterfeiting people as consumers,the application of punitive damages clauses in the Food Safety Law of the People's Republic of China and the Law of Consumer Rights and Interests Protection and the position and orientation of law enforcement departments in the disposal of occupational food anti-counterfeiting affairs.Through the research,this paper is to qualify occupational food anti-counterfeiting people as consumers.It is clear that food safety punitive damages is tort liability for the product liability.This paper also puts forward applicable elements of punitive damages clauses,and points out that the administrative agencies are under no obligation to mediate both sides for the related financial compensation during the process of dealing with the complaints.The Consumer Protection Agency should be responsible for the mediation for the financial compensation,or it can be dealt through civil suit.In the meantime,this article gives suggestions to perfect the legal system in the field of occupational food anti-counterfeiting.