| Currently,most of the food sold in the market and in supermarkets is prepackaged.Consumers often use product information,quality information,safety information,and promotional information displayed on prepackaged food labels as a basis for selecting and purchasing food.Conversely,food producers deliver food information to consumers through the content labeling of food labels,which provides opportunities for food producers to seek illicit benefits on food labels and may lead to missing labels,violations,misrepresentations and exaggerated publicity issues.“Yangtai Aokang Food Co,Ltd.Dongtai Branch v.Yancheng Dongtai Administration for Industry and Commerce Administrative Food Punishment Case”,as a typical case of food labeling punishment,the procedure is complete,involving label punishment standards,label violation behavior definition,food labeling There are significant research values ??in terms of penalties and applicable rules.This article starts from the case,and discusses the implementation rules of food labeling punishment,and extracts related problems in the implementation of food labeling punishment.For example,the label punishment law enforcement department has insufficient punishment for the label,the punishment rules are not implemented,the feedback speed for the punishment information is slow,and some departments even exceed the authority to carry out label punishment,which affects the supervision of the food label by the punishment department.On the basis of literature review,the main body of this paper is divided into four parts: the first part is a brief description of the case and the analysis of the case,extracting the problems in the process of food label punishment;the second part is the definition and punishment of food label violation.The standard includes the definition of label violation and the standard of label violation.The third part introduces the foreign food label punishment rules and its enlightenment,and focuses on the food labeling rules of the United States,the European Union and Japan.Finally,the author analyzes according to the above Put forward targeted opinions and suggestions,such as clarifying the principle of imputation of administrative punishment,increasing the amount of fines for administrative punishment,and improving the food label hearing system.The paper makes a detailed discussion on the definition of illegal food labeling and the standard of label violation,and puts forward perfect suggestions for the law enforcement of illegal labeling in similar cases.Through case analysis,it provides reliable advice for Xiaotongda for similar food labeling cases.Therefore,the case is highly targeted and can be used to analyze other similar cases in analogy.This paper mainly uses literature analysis methods,comparative research methods,induction,and other research methods.Through research we need to draw lessons from foreign advanced food labels punishment rules on the basis of constructing characteristic food labels punishment implementation rules,establish with socialist characteristics and suitable for the current situation of food safety in China label punishment rules,the use of government regulation and market regulation that "two hands",for China’s food security escort tags. |