Identification Of Fraud In Food Sales

With the continuous improvement of China's economic level,people's consumption ability and desire have been greatly improved.At the same time,there are many contradictions and conflicts.In the process of sales transaction,because consumers are in a weak position,whether they should be given special care or not,there are differences between scholars,and the relevant laws and judicial interpretations are not perfect,which makes the judges have differences in the application of laws and responsibilities,resulting in different judgments in the same case.In order to unify the standards of food cases,based on the case of "Li Meijia v.shopping contract of yipinshenrong company",this paper analyzes the behavior of yipinshenrong company that does not mark the unsuitable people in the food label,and summarizes two controversial focuses of the case: the first is whether yipinshenrong company constitutes fraud,the second is the case Whether the food does not meet the food safety standards.Through the analysis of the subjective state,objective behavior and the subjective state of the plaintiff Li Meijia of the first grade ginseng antler company,it is concluded that the first grade ginseng antler company constitutes fraud;through the analysis of the legal provisions of food labels and the distribution of the burden of proof,it is concluded that the food sold by the defendant first grade ginseng antler company does not meet the food safety standards.Therefore,in the process of daily sales and transactions,whether buying ordinary goods or special food,the status of consumers and sellers is often unequal,and consumers are always in a weak position.We should take proper care of them,and give preferential care on the recognition standards,so as to reflect the substantive justice and fairness of the law,and create an honest and harmonious social transaction atmosphere.At the end of the article,the author also puts forward some judicial suggestions,in view of the unclear distribution of the burden of proof,the author suggests to improve the distribution rules of the burden of proof in food disputes,and in view of the problems that the review methods are not uniform in judicial practice,the author suggests to clarify the review methods of food safety standards.