Research On The Claim Right Of Health Food Consumer In China

The 19 th National Congress of the Communist Party of China proposed a healthy China strategy and food safety as a national strategy.Health foods are highly sought after by the market for their unique nutrition and efficacy.In recent years,the infringement of health food consumption has frequently occurred,seriously infringing on the personal and property rights of consumers.However,under the existing legal norm system in China,the consumer claim right protection mechanism has not been established on the particularity of health food,which makes the consumer claims difficult.Health food refers to foods with specific health functions or main purpose to supplement human minerals and vitamins,which is different from ordinary foods.The characteristics of health food consumption are closely related to the unique sales model of health food,and the claims of health food consumers have their specific connotations.Health food infringement is the basis and premise of consumer claims.To determine the constitutive elements of health food infringement,the principle of liability for health food infringement should be clarified first.Secondly,the liability for tort based on health food is strictly responsible in nature.It is also necessary to clearly define defects in health food,damage to people and property,and The causal relationship presupposes the three elements of the elements,combined with the actual case analysis,the specificity of the claims of health food consumers.In China,it is an indisputable fact that the claims of health food consumers are mainly due to the imperfect protection system of health food consumer rights,the complicated and complicated procedures of rights protection,the difficulty of proof,the insufficient function of consumer associations and the insecure of compensation funds.There are also reasons for the low amount of penalty compensation,the deficiencies in the calculation of punitive damages,and the difficulty in obtaining compensation for mental damage.The issue of health food consumption safety is a major public safety issue and an important problem facing the world at present.After years of development and improvement,Germany has established a strict accountability system,clear legal responsibilities in Japan,and perfected US legal responsibilities.The German,Japanese and American countries are the subject of investigation,and their legal systems for protecting the rights of food consumers are introduced in detail.It provides enlightenment for the establishment of a sound and complete legal andnorm system in this respect.In view of the difficulties faced by China's health food consumer claim system and the difficulties faced by the relief,the paper puts forward five suggestions: improving the legal status of the claim for health food consumption;improving the penalty compensation system,expanding the scope of punishment for compensation,and improving punishment Sexual compensation standard,reasonable distribution of burden of proof;improvement of judicial relief channels for consumer claims;activation of consumer associations' rights protection;construction of diversified health food consumption claims path to ensure the smooth realization of consumer claims,with a view to making China more comprehensive and effective Provide a good reference for the safety of health foods and provide support for healthy China.