Ms. Wang told reporters that she comes from Baigao Village, Maguan, Zhongxian County, Chongqing. Although her mother-in-law has never been to school, she is good at cooking various local rural delicacies, such as kimchi, yellow Jing wheat sauce, dregs of sea pepper, wind fermented beans, bacon and sausages.

in p>217, Ms. Wang registered the business license, the registration certificate of small food processing and production workshop and the food business license, and went home with her husband to help her mother-in-law expand her production, and sold it through her own micro-store "Mao Mama's local products". At the beginning, the products of "Mao Mama" were mainly pickles, and last year they added traditional bowl-buckled products such as steamed pork powder.

Ms. Wang said that in July last year, Shaomou, a man from Heilongjiang who lives in Jiangbei District, Chongqing, ordered 15 pieces of buckle bowl products from her, including 5 pieces of steamed pork with rice flour, 5 pieces of braised pork with white sauce and 5 pieces of fried pork with fermented bean sauce, with a total price of 4,5 yuan, which was said to be a group purchase. Ms. Wang is very happy to have a big business. Because it is a cash sale, she kept the other party waiting for a few days. Soon, Ms. Wang made 15 buckle bowls and delivered them in vacuum packaging, but there was no logo on the packaging. She didn't expect this to cause her great trouble.

in September last year, Ms. Wang received a notice from the court that she was sued by Shao. The other party claimed that she sold "three-no products" with no production date, no quality certificate and no manufacturer, and demanded a refund of 4,5 yuan and compensation of 1 times of the payment. The family was immediately deceived.

Ms. Wang said that her micro store has been open for several years, and its reputation has been very good. All kinds of foods sold before were marked with information such as food name, name and address of producer and operator, production date, shelf life and so on. This time, the customer asked for 15 pieces of buckle bowl, because it was a new product, and the quantity was too tight, so she had no time to prepare the standard packaging with the above information. Steamed pork and boiled pork are served in a small earthen bowl, and the outside is sealed and packaged in a vacuum transparent bag; Wind-fermented black bean curd is sealed with a golden aluminum foil lunch box, and sealed and packaged. Unexpectedly, this became the handle of the other party.

Chongqing No.1 Intermediate People's Court held its first trial in November 221, and ruled that Ms. Wang lost the case, and Ms. Wang appealed. On April 7 this year, the court made a second-instance judgment, and she lost the case again.

The buyer is indeed a professional counterfeiter

but it does not constitute extortion

The "Mama Mao" family is very resentful about this verdict. "Shao stared at me in 219, and later he joined our membership group. That buckle bowl, he also bought 3 copies at the beginning, and said it was delicious. Later, he bought 15 copies at a time, and then went directly to court. " Ms. Wang also found that Shao had had many similar cases before, and she suspected that the other party was a professional counterfeiter.

Shao did not deny that he was alleged to be a "professional counterfeiter". On the afternoon of April 21, Shao said in an interview with reporters, "The law does not stipulate that I will not be a consumer if I buy expired food eight times."

can professional counterfeiters be regarded as ordinary "consumers" as stipulated in the law, knowing that they buy fakes or buying fakes with suspicion?

Lawyer Luo Kaicheng, director of Chongqing Mengsheng Law Firm, said:

According to the Provisions of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Food and Drug Disputes, the affirmative answer is given, that is, considering the safety on the tip of the tongue at the national level, especially in the fields of food and medicine, it is more stringent to identify professional counterfeiters. As long as the amount claimed does not exceed the standard prescribed by law, it is not illegal to claim compensation through litigation. Unless the business is threatened by exposure, intimidation, etc., it may constitute extortion.

in other words, whether the buyer is a "professional counterfeiter" does not affect his legal rights protection as a consumer.

On the issue of how to treat professional counterfeiting, lawyer Zhang Xinnian, an equity partner of Beijing Zhongwen Law Firm and vice chairman of Beijing Social Organization Legal Mediation Center, said:

The normal claim activities of hitting dummies should be supported according to law, but if counterfeiters alienate their rights, take the opportunity to extort money, or commit other illegal and criminal acts, it is another matter and should be cracked down according to law.

Ms. Wang was sentenced to "ten times compensation". Is it unfair?