Jimu News commentator Qu Jing

43-year-old Hu Zhihong opened a sausage-filled shop in Wuhan. On December 11 and 12, 2021, Zhao Peng came to his store twice in succession and purchased 186 kilograms of stuffed sausages. Two days later, Zhao Peng came to the store and found Hu Zhihong. He said that the vacuum-packed sausages did not have a production license number and were "three noes" products. He demanded compensation and complained to the industrial and commercial department. In June 2022, Zhao Peng sued Hu Zhihong in the Wuhan City Kou District Court, demanding a refund of the purchase price of 7,340 yuan and the payment of punitive damages of 73,400 yuan on the grounds that consumer rights and interests were damaged. In November 2022, after two final trials, the court rejected Zhao Peng’s lawsuit.

After sorting through the entire incident, it can be basically seen that Zhao Peng’s lawsuit and claim were not an action to protect the rights of ordinary consumers after discovering their own rights, but a legal loophole in family workshops operating food. , a deliberate "professional crackdown on counterfeiting." The purpose of actively requesting vacuum packaging is so that the canned sausages made by Hu Zhihong can be recognized as "prepared food" that is pre-packaged and weighed for sale. It is also a lot to buy a small amount first to see how it looks, and then buy in large quantities after confirming that you can claim for compensation. The routine used by "professional anti-counterfeiters".

Now Hu Zhihong has put yellow labels on all the packages

Is the "professional anti-counterfeiter" good at using the law and brave enough to safeguard consumer rights, or is he actually committing extortion in the name of anti-counterfeiting? , disrupting market order, has been controversial for many years. In many cases, generalizations cannot be made and specific analysis of specific cases is required. In this type of lawsuit, although the plaintiff seems to be legally justified, he often does not receive support from public opinion because he deviates from common sense.

Chinese food culture is extensive and profound, and there are various kinds of folk delicacies. Some of them have become folk customs and traditions and have become "intangible cultural heritage". And many of these foods are as seasonal as canned sausages. , it is difficult to produce in a long-term and standardized manner. But every New Year and holiday, it is a delicacy that every household wants to stock up on. Merchants who deal in this type of food are often craftsmen who work hard to build a reputation and win trust with their own hands. People who buy it are often more tolerant of this type of food. As long as the ingredients are sufficient and delicious, the quality is guaranteed, and the packaging is good, People often don't care too much. Therefore, bringing such an issue to sue for compensation will be considered as "looking for trouble to blackmail others", which is also a very natural and simple social mentality.

In the context of governing the country according to law, everything must operate on the track of the rule of law. The "Food Safety Law" has clear regulations on food packaging. Operators were caught in loopholes, and buyers claimed that their rights and interests were damaged. Then, the court's ruling has undoubtedly become the most authoritative standard of right and wrong. It is not only of great significance to Hu Zhihong, but also a reference for many merchants who also deal in this type of homemade food - if they can claim compensation in such a situation If it succeeds, how much loss will it cause to those who run a small business? Can this business continue?

Hu Zhihong sells handmade sausages in the store

The court’s decision reflects respect for common sense. The court determined that sausages are food produced and sold on-site, that is, generally speaking, "bulk food". Vacuum packaging is to meet customer requirements and is not pre-packaged, so it does not belong to pre-packaged food. At the same time, the plaintiff has no evidence to prove that the sausages purchased have other food safety problems, or that the sausages were actually damaged by eating the sausages. Therefore, the claim is groundless and should be dismissed. It is reasonable and satisfying. It prevents the law from becoming a tool to "extort money" and protects the people. Social good consciousness.

In recent years, there have often been cases in which this kind of artisanal food was accused of "three noes". Previously, in the case of "A Chongqing woman who sold 150 bowls of cooked meat was compensated 10 times the compensation", the court ruled that the seller was 10 times The reason why the double compensation caused an uproar is because although the judgment complies with the legal provisions, it may not be consistent with common sense. In people's minds, family food workshops are not large-scale manufacturers, with limited output and a relatively fixed customer base. However, this homely taste embodies the emotions and thoughts of many people, with a grassroots feeling. Therefore, when judging similar cases, we should more carefully determine the category attributes of the food involved and the applicable legal provisions, and strengthen the efforts to restore the facts and explain the law. Whether it is compensation or not, it must be tenable. , Only when you can convince everyone.

The law has its limitations, especially in a world that is changing rapidly. Social development is often faster than the written law. Therefore, judges should pay more attention to the application of the law. On the basis of respecting common sense, Link the facts of the case to the legal provisions. Only by respecting common sense, following objective laws, and listening to and responding to the people's reasonable expectations for the law can the justice of the judiciary be more widely recognized by the public and people's belief in the rule of law will be stronger.