[military] sun: The first item on the agenda, by me to announce "relevant provisions", then please the Supreme People's court people a court judge Zhang Yongjian briefing on 5 typical cases. [14:02] [military] sun: In recent years, the food and drug disputes has become a national court civil trial work of the high degree of social concern, involves a wide range of types of cases. [14:02] [military] sun: According to incomplete statistics, in 2010 -2012 years, the national court food, drug cases of civil disputes over a total of 13216 pieces, accounting for all kinds of consumer rights and interests of 6% cases. [14:03] [military] sun: Which in 2010 accepted 4080; in 2011 by 4513, an increase of 9.59%; 2012 accepted 4623, rise compared to the same period 2.44%. Civil disputes the food, drug related harm serious acts against the interests of consumers, directly affects the people's livelihood and social stability. [14:03] [military] sun: "Country with civilian for this, hunger breeds discontentment." Food, drug safety is the people's livelihood, the current hot issues of social concern is not only, is also the people reflect a strong problem. [14:03] [military] sun: In recent years, and producing and selling counterfeit and shoddy food, drugs are rampant, relates to the "poison milk powder", "Clenbuterol", "false carnivorous", "drainage oil", "tonyred," "poisonous rice", "poison ginger", "poison capsule", "plasticizer wine" food, drug safety events continue to occur, and poisonous and harmful food and counterfeit or substandard drugs "black factory", "black mill", "black dens" repeated, false food, pharmaceutical advertising is very common, ordinary food and pesticide residues in food as exceed the standard of green food, pollution-free food, organic food phenomenon meet the eye everywhere. [14:04] [military] sun: These acts harmful to consumers' personal and property safety, may also lead to administrative liability, criminal liability, civil liability. The vast number of consumers through the civil rights protection is more and more, increase the consumer rights and interests protection task more arduous. [14:04] [military] sun: The food, drug disputes often relates to personal injury compensation, will not only have the responsibility of breach of contract, but also produce tort liability, case by contract law, tort law, consumer protection law, food safety law and a series of laws and regulations adjustment, procedural and substantive issues encountered in the more complex case. [14:04] [military] sun: For example, in the process, consumer need administrative procedure; whether consumers can sue producers and sellers; fake purchasers Is it right? Consumers; how to allocate the burden of proof in the tort litigation; Consumer Association filed public interest litigation, such as how to handle. [14:04] [military] sun: In the entity, gifts of unqualified can claim; the consumer requests the price ten times compensation is to cause person damage as the premise, whether for breach; endorsement of false advertising bear what responsibility; network consumption loss network trading platform to share responsibility; that how to grasp the food eligibility standards; how to identify "overlord the terms" etc.. [14:05] [military] sun: Because of the different understanding of the relevant legal provisions, there is no uniform standard of the treatment in some cases, there is an urgent need to formulate the judicial interpretation to regulate. Based on the practical experience of the Supreme People's Court of serious summary trial, after repeated research and extensive solicitation of opinions, formulated the "regulations". "Regulations" will come into force on March 15, 2014. [14:05] [military] sun: "Regulations" a total of 18 articles, mainly includes the following nine aspects: (a) "fake" does not affect the consumer rights advocate. [14:06] [military] sun: "Regulations" provisions of article third: "the dispute because of the quality of the food, drug, buyers to claim the producers, sellers, producers, sellers to buyers that the food, drug quality problems and still buy on the grounds of defense, the people's court shall not support." That is to say, "buy fake" behavior does not affect consumers to safeguard their own rights and interests. [14:06] [military] sun: Normally the shoppers should be identified as consumers, can claim punitive damages. It is confirmed with the customer subject qualification, in the fight against unscrupulous merchants, is of positive significance to safeguard the interests of consumers, to purify the food, pharmaceutical market environment. [14:07] [military] sun: For example, Sun Yinshan v. Nanjing Auchan supermarket Co., Ltd. Jiangning branch sales contracts and disputes will be released, Sun Yinshan knowing that the supermarkets sell sausage off the shelf-life and purchase, the court ruling in support of Sun Yinshan return and get ten times the price of compensation. [14:07] [military] sun: (two) the punitive damages not to consumers rights and interests were damaged as the premise; the food industry chaos, the food safety act ninety-sixth provisions of punitive damages food price ten times, thereby increasing the cost of illegal operators and safeguarding the interests of consumers. [14:08] [military] sun: For example, will be released in Hua Yan v. Beijing day super supermarkets limited liability company the twenty-sixth branch, Beijing days ultra warehouse supermarket limited liability company personal rights disputes caused personal injury, Hua Yan as a result of the purchase and consumption of substandard food, request the seller to pay medical fees, shall return the price and the shopping cost ten times compensation the people's court shall support. [14:08] [military] sun: In practice, the idea is applicable to the food safety law, article ninety-sixth of the regulations of punitive damages should be based on personal rights damage as the premise. [14:09] [military] sun: In this regard, "Fifteenth rules" clearly stipulates: "the production does not conform to the safety standards of food or knowingly selling unsafe food, consumers in addition to claim compensation for the losses, payment of the price of ten times the compensation to the producers, sellers claim or other compensation in accordance with the law of the standard of compensation, the people's court shall support", that is to say, consumer advocate food price ten times the damages to personal rights damage as the premise. The unification of criteria of judgment, safeguard the legitimate rights and interests of consumers, clean food, chemicals, will have a positive impact. [14:09] [military] sun: (three) the business shall be responsible for the quality and safety of "gifts; regulations" fourth article: "food, drug producers, sellers to provide consumers with food or drug premium quality security issues, caused damages to consumers, the consumer rights advocate, producers, sellers to consumers not to pay the price for the gift exemption defense, the people's court shall not support." [14:09] [military] sun: Food, drug is related to the safety of consumers, even gifts, must also ensure the quality and safety. Consumers did not pay the price of gifts, but gifts cost has actually been apportioned to pay goods. Gifts of food, medicines due to quality problems caused by damage to the rights and interests of consumers, producers and sellers should bear the responsibility for compensation. [14:10] [military] sun: But considering the consumers receive food, drug in essence belongs to businesses and allowing more profits to nature, so the producers, sellers responsibility conditions, defines the "Regulations", namely the gift must actually appear quality safety issue, causing damages to consumers, consumers can claim. [14:10] [military] sun: (four) the clear legal responsibility of Internet trading platform providers; Internet shopping is a new way of shopping, the data show, in 2012 China's online shopping users reached 247000000, the network transaction amount exceeded 1.3 yuan, the purchase of food, medicines through the Internet trading platform, the consumer more and more, which triggered the dispute is more and more. [14:10] [military] sun: According to the China Association statistics, in 2012 the network shopping complaints 20454 pieces, accounting for 52.4% of the amount of sales service complaints. The first half of 2013 the network shopping complaints 18471 pieces, the first half of 2013 food, drug complaints 20530 pieces. [14:11] [military] sun: In order to better safeguard the legitimate rights and interests of consumers, "Regulations" Ninth Article: "damage to the consumer through the network transaction platform to buy food, medicines, provider cannot network trading platform to provide food, drug producers or sellers of real name, address and effective contact, consumers request transaction platform provider network responsibility, people the court shall support. Transaction platform provider network to assume the liability of compensation, the manufacturer or seller recourse, the people's court shall support. Transaction platform provider network knows or ought to know the food, drug producers, sellers use the platform against the legitimate rights and interests of consumers, and fails to take necessary measures, damage to the consumers, producers, sellers and consumers required to assume joint responsibility, the people's court shall support." [14:12] [military] sun: The basic consideration of this rule is, merchants settled in Internet trading platform will usually pay for expensive admission fee, has Xianxingpeifu conditions, provide food, drug producers, sellers of real name, address and contact information in the network transaction platform provider cannot, it shall bear the liability. If the use of that food, drug provider network trading platform, the platform producers sellers against the interests of consumers and follow one's own inclination, such cases constitute joint tort. [14:12] [military] sun: (five) clear legal responsibility of False Advertising Spokesperson food, drugs and promoters; in recent years, the use of false drugs advertisement food, entrap consumers more generally, social harm is very serious. Many businesses to expand its market share, using the media, personal advocate doing false advertising, or the use of false advertising of food, medicines, serious damage to the health of consumers and the safety of property. [14:13] [military] sun: In view of this illegal behavior, "Regulations" provisions of the first paragraph eleventh: "consumers due to quality problems suffer food, false advertising recommended drug, according to advertising, consumer protection laws and regulations request advertising operators, assume joint liability, the people's court shall support." [14:13] [military] sun: The provisions of paragraph second: "social groups or other organizations, individuals, recommend food, drugs to consumers in false advertisements, the consumers suffer harm consumers, according to consumer protection laws and regulations request it with food, drug producers, sellers shall bear joint and several liability, the people's court shall support." [14:14] [military] sun: According to the relevant provisions of the consumer rights and interests protection law, tort liability law spirit, in the joint and several liability, consumers can be prosecuted for food, pharmaceutical manufacturers, distributors, advertisers, publishers, advertising spokesman, request the liability jointly, can also sue one or several as the defendant, the bear all the liabilities for compensation, and then to the other main responsibility to exercise the right of recourse. [14:14] [military] sun: (six) food certification institution intentionally provide false certification shall bear joint and several liability; food certification is recognized certification bodies for their primary agricultural products or to processed food grade. Currently on the market after the food more and more consumers on the certification, certified food recognition and higher trust. If food certification fraud, consumer rights and interests will suffer great losses, food certification management order of our country will be seriously damaged. [14:15] [military] sun: According to the April 16, 2013 "people's Daily" report, China approved certification enterprises have 5468, but there are many ordinary food, even the unqualified food with pollution-free food, green food and organic food certification logo, consumer fraud. [14:15] [military] sun: To safeguard the interests of consumers, to curb food certification institution for false certification, "Regulations" provisions of article thirteenth of the food certification responsibility: "food certification agencies deliberately false certification, damages caused by consumer request, it shall bear joint and several liability, the people's court shall support. Food certification institutions issued false certification due to negligence, damages caused by consumer request, the responsibility, the people's court shall support." So, help to regulate market behavior, not to give and poisonous and harmful food and fake drugs to advantage. [14:16] [military] sun: (seven) to further clarify the priority principle of civil liability; "Regulations" fourteenth article: "production, sale of food, drug quality problems, the producers and sellers must also bear the civil liability, administrative liability and criminal liability, the property is insufficient to pay, when the thing person according to the tort law and other relevant laws and regulations, request food, drug producers, sellers should bear civil liability, the people's court shall support." [14:17] [military] sun: The reason to make such provisions, aims to increase the protection of consumer interests. Production and sale of fake and shoddy food, medicines, often also have administrative liability, criminal liability and civil liability. The relevant administrative law enforcement agencies and the courts can be respectively according to different laws for the producers, sellers to pay the fine, fine, pay civil compensation. [14:17] [military] sun: Consumers are the vulnerable groups, if not the establishment of priority principle of civil liability, there may be consumers of winning the lawsuit is not the compensation case. Therefore, "Regulations" in accordance with the relevant provisions of the food safety law and tort law, to further clarify the responsibility should bear civil liability, in order to maximize the protection of the legitimate rights and interests of consumers. [14:17] [military] sun: (eight) "overlord clause" content shall be invalid; in practice, compared to consumers and the food, drug dealers, often in a weak position. Some of the food, drug producers, sellers to "overlord clause" for consumers to make provisions unfair, unreasonable, damage the legitimate rights and interests of consumers. [14:18] [military] sun: In this regard, "Regulations" sixteenth article: "the producers and sellers of food, drugs to format contract, notice, statement, notice and other means to exclude or restrict the rights of consumers, waive or reduce the liability of operator, increased consumer responsibility provisions unfair to consumers, not reasonable, request that the content of consumers to be invalid, the people's court shall support." That is to say, consumers can be according to the relevant provisions of the consumer protection law, request the people's court to "overlord clause" content is invalid. [14:18] [military] sun: (nine) the consumer association to initiate public interest litigation support; in order to better safeguard the interests of consumers, the amended civil procedural law establishes the system of public interest litigation. Consumer protection law revised provisions for Consumer Association has the right to initiate public interest litigation. [14:19] [military] sun: Therefore, "Regulations" provisions of the second paragraph: "seventeenth Consumer Association to initiate public interest litigation, the rules are applicable." So come down in one continuous line with the revision of the civil procedural law and the consumer rights and interests protection law spirit, in order to better safeguard the interests of consumers. [14:19] [military] sun: Is all I want to announce, thank you. [14:19] [military] sun: The following second items on the agenda, please the Supreme People's court civil trial chamber I Zhang Yongjian president, announced food and drug dispute case. [14:21] Zhang Yongjian. Everybody is good, I take this opportunity to publish five typical cases. [14:22] Zhang Yongjian. First, Sun Yinshan v. Nanjing Auchan supermarket Co., Ltd. Jiangning branch sales contract dispute case -- to consumers that is out of date food purchase, request the operator to pay the price ten times compensation the court support. [14:23] Zhang Yongjian. In May 1, 2012, the plaintiff in the defendant Sun Yinshan Auchan supermarket Co. Ltd. Jiangning branch (hereinafter referred to as Auchan supermarket) to buy "rabbit" brand sausage 15 packet, and the value 558.6 yuan 14 packets of sausage has expired (the plaintiff knew). Sun Yinshan to the checkout, and straight to the desk to claim. Because of such negotiations fail, Jiangning District People's Court of Nanjing city against Sun Yinshan, requests Auchan supermarket pay ten times the price compensation 5586 yuan. [14:23] Zhang Yongjian. The court thinks, consumer rights and interests protection law second stipulation: "consumers need for life purchase, use of goods or receiving services, protection of its rights under the law; the law does not specify, protected by other relevant laws, rules and regulations." In this case, the implementation of the sun at purchasing behavior, Auchan supermarket did not provide evidence to prove that the goods are used in the production of sales, and the plaintiff Sun Yinshan because to buy expired food claims, to exercise their legal rights. Therefore, Auchan supermarket that Sun Yinshan is not a consumer defence cannot be established. [14:24] Zhang Yongjian. Food sellers should guarantee the legal duty of food safety, should be on the do not conform to the safety standards of food timely clean the frame. But the Auchan supermarket still sold over the shelf life of sausage, lines do not perform their statutory obligations, shall be considered as knowingly selling do not meet the food safety standards of food. [14:24] Zhang Yongjian. In this case, consumers can also claim compensation and the loss of ten times compensation, also can only claim 10 times the price of compensation. Sun Yinshan asked the Auchan supermarket pay 10 times the price of compensation, which belongs to the parties' right of disposition behavior, should be supported. According to the provisions of the ninety-sixth food safety law, the court decided that the defendant Auchan supermarket pay the plaintiff Sun Yinshan compensation 5586 yuan. The decision has taken legal effect. [14:24] Zhang Yongjian. Second, Huayan v. Beijing day super supermarkets limited liability company the twenty-sixth branch, Beijing days ultra warehouse supermarket limited liability company people the rights and interests of consumer disputes case -- due to consumption of unqualified food caused personal injury, request the seller to pay medical expenses according to law and shopping price ten times compensation payments, the people's court shall support. [14:25] Zhang Yongjian. May 6, 2009, the plaintiff to the defendant Beijing Huayan two days Super supermarkets limited liability company the twenty-sixth branch (hereinafter referred to as the twenty-six branch) to buy hawthorn, payment of 10 yuan and 6.55 yuan respectively (proof), in the consumption of hawthorn tablets in the groove teeth broken hawthorn nuclear. On the same day, Huayan to the hospital, the damaged molar extraction. Therefore, Huayan co payment extraction and treatment costs 421.87 yuan, a 4810 yuan fee, transportation costs 6.4 yuan, 15.8 yuan fee copy. [14:25] Zhang Yongjian. After this consultation process Huayan find twenty-six branch, was refused to each other. Huayan after calling 12315 telephone complaints, the Chaoyang District Consumers Association of Beijing City, Tuanjiehu branch (hereinafter referred to as the Tuanjiehu Association) organization mediation, not agree. Then to the Beijing Chaoyang District people's court, the defendant requested compensation for the extraction and treatment costs 421.87 yuan, a 4810 yuan fee, transportation costs 6.4 yuan, photocopying costs 15.8 yuan, 17 yuan and the first shopping shopping cost price 10 times compensation totaling 117 yuan, mental injury solatium 8000 yuan. [14:26] Zhang Yongjian. Tuanjiehu disappear assist court issued instructions, prove the Huayan purchased Hawthorn piece from the package complete case see flaws. In the case of Beijing day, super Warehouse Supermarket Co. Ltd. (hereinafter referred to as the day super company) provides the relevant license sales contract and hawthorn producers and hawthorn piece inspection report, certificate of Hawthorn its sales of conformity to product quality requirements. The court's investigation, in this case fact Huayan occurred before, had treatment for the same tooth problems to the hospital, the treatment of the teeth and wall thinning, vulnerable to external injuries. [14:26] Zhang Yongjian. Beijing second intermediate people's Court of second instance that, according to the state of safety and health standards candied fruit products, soft hawthorn tablets should be free of impurities. Hawthorn piece of day super sales contain very high hardness of Hawthorn nuclear, does not meet the relevant provisions of national food safety standards, should be identified in food quality defects, the unqualified food sellers on the sales of substandard food the consequences, should bear full responsibility. [14:26] Zhang Yongjian. Huayan its teeth and thin walls, but not at fault for the damage, the liability of the tortfeasor is not lessening. Instructions issued from the Tuanjiehu Association of the situation, the existing Hawthorn piece flaw is packed full of outside circumstances can be found, therefore, product sales in the product sales should know the food security situation, should pay the price of ten times compensation to consumers. [14:27] Zhang Yongjian. In view of Huayan so spiritual damage suffered is not serious, the compensation for mental loss to the requirements of the proposition, in accordance with the law shall not support. Accordingly, the Institute in accordance with the provisions of the ninety-sixth food safety law, judgment day super company to Huayan compensation for medical expenses 5231.87 yuan, transportation costs 6.4 yuan, return price and payment of the price ten times compensation 116.55 yuan. [14:27] Zhang Yongjian. Third, product liability disputes skin Min Min v. Chongqing Far East Department Store Co., Ltd., Chongqing Wulingshan Jane Wang Food Development Co., Ltd. the case -- the food quality problems caused damages to consumers, consumers can also sue the producers and sellers. [14:28] Zhang Yongjian. In May 5, 2012, Min Min skin in Chongqing Far East Department Store Co., Ltd. (hereinafter referred to as Far East Company) bought from Chongqing Wulingshan Jane Wang Food Development Co., Ltd. (hereinafter referred to as the two companies) production of "the Wulingshan Jane Seder pot" 10 boxes, each box price 448 yuan, a total of 4480 yuan to pay the price. Each box "the Wulingshan Jane Seder pot" there are pre packaged food several independent, respectively, matsutake, delicious beef liver, mushrooms, Huang Niugan, Leonardo, mushroom, green bar fungus, ball cover bacteria, Oriental magic soup bag etc.. [14:29] Zhang Yongjian. Each box "the Wulingshan Jane dinner casserole" product packaging marked storage method, formula, edible method, net content, product performance standards, production license, production date, shelf life, manufacturers, address, telephone, but Oriental magic soup packets not marked on the original ingredients. [14:29] Zhang Yongjian. Food company to Q/LW7-2007 standard as the enterprise's production standards, this standard has expired due to various reasons, failed to timely to standard continuation, and the company continues in the packaging are labeled Q/LW7-2007 as the enterprise product standard, the company in 2012 September to the Chongqing Shizhu Tujia Autonomous County Bureau of quality and technical supervision to the enterprise standard expired case, in 2012 October to the Chongqing City Health Bureau for the record after the release of the product using standard Q/LW0005S-2012. [14:29] Zhang Yongjian. Pi Minmin thought that the purchased food unqualified, then to Chongqing Jiangbei District People's court, request any Far East Company to refund the purchase price 4480 yuan, ordered the company to assume the liability for compensation of mountain 5 times the total of 22400 yuan. [14:30] Zhang Yongjian. The court of first instance verdict: (a) 10 days refund skin Min Min payment of 4480 yuan of Far East Company in the decision on the date of entry into force. (two) rejected the request of other proceedings skin min min. [14:30] Zhang Yongjian. The court of second instance, the food producers and business operators shall engage in production and business activities in accordance with the provisions of China's food safety law and related laws and regulations, be responsible to the society and the public, to ensure food safety, accept social supervision, and assume legal responsibility according to law. The focus of this case to both parties of litigation, the existence of food food safety issues, and application of the law of the case and the legal liability. [14:30] Zhang Yongjian. First, the existence of food safety and other issues. 1, the company's production of "Wuling Mountain delicacies Jane Seder pot" of food, not to notify the health department requirements for enterprise standards of food safety, to continue the implementation of the standards in the standard Q/LW7-2007 expired enterprises which established after the relevant provisions, food mandatory standards; 2, the food in the "Oriental magic soup" is a pre packaged food ingredients or components, and product standard code does not indicate the food pre packaging label, do not meet the "food safety law" the relevant provisions of pre packaged food labels mark; [14:31] Zhang Yongjian. 3, the packaging text "home health my best" is the packaging of goods Chinese national standards must be labeled matters outside the text, conforms to the advertisement features, should apply the "advertisement law" regulation, the word belongs to absolute terms prohibited by the state, not legal. [14:31] Zhang Yongjian. Secondly, applicable law and legal liability in this case. "Food safety law" is "the special law of tort liability law", in this case involving food safety issues, should apply the "food safety law" and relevant laws and regulations. According to the food of the identified food safety standards, packaging, advertising, the food producers and business operators shall bear corresponding legal liabilities in accordance with the provisions of the relevant food safety laws and regulations. [14:31] Zhang Yongjian. "Chongqing city food safety management measures" belongs to Chongqing local administrative regulations, not in conflict with the laws and regulations of the case may refer to. Min Min requirements refer to the way skin of the provisions of article sixty-seventh, returned food, and pay 5 times the compensation in accordance with the "food safety law" the ninety-sixth regulation, shall support. Accordingly judgment: (a) decision to maintain the first item; (two) to withdraw the first instance judgment second; (three) the Shan Zhen company to pay the appellant skin Min Min damages of 22400 yuan. [14:31] Zhang Yongjian. The fourth case: Cong Li Song v. Limited by Share Ltd Beijing Panjiayuan Beijing Ciming Health Checkup outpatient department of seller products duty dispute -- operators provide goods or services fraud, consumers demand a return and bear the double compensation liability, the people's court shall support. [14:32] Zhang Yongjian. The plaintiff Cong Li Song from June 2, 2012 "Legal Evening News" to see entitled "advanced cancer treatment breakthrough" and "Shenqi oral liquid" advertising, the ad said the drug absorption rate can reach more than several times of traditional Chinese medicine; the advertisement below show the monopoly address for the Near East left an bridge tumor hospital Simon North 100 m [Ciming of traditional Chinese medicine and Western medicine outpatient pharmacy]. [14:33] Zhang Yongjian. Treatment for the cancer's aunt, Cong Li Song day in Beijing Ciming Health Checkup outpatient department of Beijing Panjiayuan Limited by Share Ltd (hereinafter referred to as the outpatient department of Panjiayuan) bought Shenqi oral liquid 1 box price 450 yuan "(Xiaoaiping oral liquid)", showing the country medicine accurate Z20050778 ". After the discovery of the drugs are prescription drugs must be used under the guidance of the physician, but at the time of sale are no instructions. [14:33] Zhang Yongjian. Beijing City Drug Administration issued in 2012 March "the publication of illegal medicine advertising" to write: "two, illegal advertising relates to drug varieties 33, existing uncensored release and unauthorized tampering with the advertising and content behavior. The label name 'stone the tea', 'Shenqi oral liquid' two kinds of drug release illegal advertisement seriously. Mark name 'Shenqi oral liquid' drug advertises the 'atomic trace broken nuclear therapy' development ', containing microtubule repressor element' and 'specific activator', can kill eradicate tumor cells, prevent tumor recurrence diffusion transfer. [14:33] Zhang Yongjian. The above drugs advertising with exaggerated drug indications, not science to that effect the content, seriously mislead and deceive consumers." The city of Beijing and Drug Administration in 2012 April to June period published "the publication of illegal medicine advertising" attached "illegal drug advertising summary table" in both "Shenqi oral liquid", followed by marked enterprises including Ciming "of traditional Chinese medicine and Western medicine outpatient pharmacy". [14:33] Zhang Yongjian. Cong Lisong think the outpatient department of Panjiayuan exaggerated advertisements in the drug indications and efficacy, seriously mislead and deceive consumers, therefore, to the city of Beijing, Chaoyang District people's court, asked to refund the purchase price 450 yuan, 450 yuan compensation, payment errors when costs 9099 yuan, 1 yuan compensation for spiritual damages. [14:34] Zhang Yongjian. The court held that, sales of Panjiayuan clinic drug quality, Cong Li Song advocated the outpatient department of Panjiayuan fraud insufficient evidence, also not sure have legitimate reasons Cong Li Song buy the goods. Although the original receipt to the outpatient department of Panjiayuan issue, but the court still could not be sure that the identity of the consumer. Therefore, the verdict rejected Li Song's claims of plexus. Cong Lisong refuses to accept the decision, appeal to the Beijing second intermediate people's Court of second instance, the request did support the trial proceedings request. [14:34] Zhang Yongjian. Trial court that, because the consumer operators using false advertising provision of goods or services, their legitimate rights and interests are infringed, may demand compensation from the business operator. With the publication of false advertising operator providing commodities or services, to cheat and mislead consumers, the purchase of goods or receiving services consumers damages the legitimate rights and interests of behavior, as demanded by the consumers, increase the compensation for the losses incurred, increase one times the amount of compensation for the purchase of consumer goods price or accept service costs. [14:34] Zhang Yongjian. In this case, Cong Li Song to buy "Shenqi oral liquid" false advertising is suing the Panjiayuan clinic requirements of its liability, the court of second instance shall support the claim, assume liability to pay compensation reasonable loss of the outpatient department of Panjiayuan to Cong Li Song. Cong Lisong about a refund of 450 yuan and 450 yuan compensation claim according to law, the court shall support. Cong Lisong's mistake expenses claims, because it did not provide sufficient evidence to prove that, the court shall not support. [14:34] Zhang Yongjian. Cong Lisong about the mental damage solatium claim no factual and legal basis, the court had not supported. The hospital according to the consumer protection law, article thirty-ninth, article forty-ninth, article 170th of the Civil Procedure Law of the first paragraph of article (2) the provisions of item, the decision: to withdraw the first instance judgment; Panjiayuan clinic refund Cong Li Song purchase price of 450 yuan, and increased compensation Cong Li Song 450 yuan; Li Song's other claims rejected plexus. [14:34] Zhang Yongjian. The fifth case: Wang Quan disputes compensation lawsuit case hospital Oriental Nephropathy Hospital mail order drugs -- the publication of illegal advertising to induce consumers to purchase in the media, by not taking the rear known false advertising, consumers purchase requests return double the paragraph, the people's court shall support. [14:35] Zhang Yongjian. Oriental Nephropathy Hospital (hereinafter referred to as kidney disease hospital) in Sichuan "Daily" published a "new hope for treatment of kidney disease in Oriental Nephropathy Hospital cure >" < hologram, the advertisement of renal disease, Chinese medicine treatment, curative effect of holographic characteristics, treatment methods were introduced, Wang Quan after seeing this ad, carried on the consultation to kidney disease hospital, advisory letters to Wang Quan in the hospital for recovery, content is the hospital of traditional Chinese medicine holographic radical therapy can treatment of kidney disease fundamentally. [14:35] Zhang Yongjian. In 2003 October -2004 year in October, Wang Quan to the hospital nephropathy mail order value 20180 yuan "the East San Miguel powder", "Oriental renal capsule" and "GS series of holographic therapeutic instrument". Wang Quan took the purchase of drugs and the purchase of treatment, the illness did not improve. In 2005 February, Wang Quan with kidney disease hospital of false advertising, to the Shandong province Weifang City Administration for Industry and Commerce made to reflect, the Bureau reply medical, internal preparation advertising published on kidney disease hospital in violation of advertising law of the criminal investigation, and shall be ordered to stop the illegal advertisement hair cloth. [14:35] Zhang Yongjian. Accordingly, Wang Quan to the city of Luzhou, Sichuan Province Jiangyang District People's court, requirement of nephropathy hospital and "Sichuan Daily" double the return of 40360 yuan for medical expenses. The first instance Wang Quan to withdraw the prosecution of Sichuan daily. [14:36] Zhang Yongjian. The court held that, kidney disease hospital advertisement content and issued to Wang Quan's letter containing the hidden to cure nephropathy, mislead Wang Quan accepted the treatment of nephrotic hospital, spend unnecessary treatment fee that Wang Quan. The misleading behavior damaged Wang Quan's legitimate rights and interests, it shall bear civil liability. Wang Quan asked the kidney disease hospital to double the return of medical expenses claim legal, the Institute supports. [14:36] Zhang Yongjian. The Institute in accordance with the general principles of the civil law 122nd, consumer protection law, the provisions of article forty-ninth, judgement kidney disease hospital compensation 40360 Yuan Wang Quan, the litigation cost of the first instance shall be borne by the kidney disease hospital. Kidney disease hospital the verdict of the first trial, because it did not damage the legitimate rights and interests of king Stephen grounds to the Luzhou City Intermediate People's Court of appeal, request the revocation, rejection of Wang Quan litigation request. [14:36] Zhang Yongjian. Trial court that kidney disease hospital, publication of false advertising in newspapers, in violation of the provisions of article fourteenth of the advertising, advertising not assertion or guarantee on effects is not science, nor have the cure rate or efficiency of content. Wang Quan was misled by the medical advertisements, drug purchase nephropathy hospital and treatment instrument, which has suffered economic loss. As advertisers kidney disease hospital should bear the responsibility for compensation. [14:36] Zhang Yongjian. According to the provisions of article thirty-eighth of the advertising law, advertising agents and publishers shall bear joint and several liability. But Wang Quan voluntarily withdraw Sichuan Daily action, is the procedure right of disposition. This is not a case of litigation for drugs or therapeutic apparatus based on cause personal injury and damage, but illegal advertisements mislead Wang Quan based, which can effect a radical cure nephropathy in trust nephropathy hospital cases, drugs and therapeutic instrument purchase the hospital, after treatment did not reach the advertisement propaganda effect, resulting in economic loss. [14:36] Zhang Yongjian. The Institute in accordance with the provisions of the consumer rights and interests protection law thirty-ninth, article forty-ninth and at the time of the civil procedure law, article 153rd, in 2007 February in Oriental Nephropathy Hospital, rejected the appeal, upheld the. [14:37] [military] sun: We have to inform you of the judicial interpretation of the case and the five case is the case, the following issues of concern to communicate to you. [14:41] [China international radio reporter]: I saw the judicial interpretation of article seventeenth about the provisions also apply to the dispute about the cosmetics and health products, how to understand the scope of judicial interpretation? [14:41] Zhang Yongjian. The judicial interpretation of the provisions of the applicable scope is more extensive. From the view of the subject, consumers and the food and drug sellers, producers and advertising, advertising operators and inspection agencies, relevant certification and so on such subject, because of the use of food, medicine and so on behavior of the dispute can be applied to the judicial interpretation. [14:41] Zhang Yongjian. From the nature of the dispute that, there are two aspects need attention. Applicable laws in food and drug disputes this caption, the judicial interpretation is not only suitable for food and drug safety caused because of disputes, security incidents caused personal injury to the dispute, but also because the food and drug consumption, use, quality occur disputes. That is to say, in the nature of the dispute is not only the security disputes, but also includes the quality dispute, also apply this interpretation. [14:42] Zhang Yongjian. In accordance with the "food safety law", health food, edible agricultural products belong to the category of food, cosmetics and health products do not belong to the drug, but its properties in many aspects and drug similar, can the interpretation of the provisions of applicable. Therefore, the judicial interpretation of the applicable scope is more extensive. [14:42] [Southern Metropolis Daily reporter]: The judicial interpretation of the burden of proof for the food and drug disputes have new rules, have some tilt to the consumer? [14:48] Zhang Yongjian. Burden is more prominent problems in food and drug cases, in the event of food and drug disputes, when the plaintiff may be based on the contract for the sale of prosecution. If there is a problem with the quality of food and drug, or due to quality problems caused the damage has occurred, then he can according to the contract, the breach of the complaint filed. [14:49] Zhang Yongjian. On the other hand, if because of food and drug problems lead to personal injury, may bring the tort liability litigation, the liability for breach of contract and tort liability litigation action is different in terms of the burden of proof. In breach of contract, the plaintiff's burden of prove that food or medicine buy quality problems, can claim, that the defendant bear the liability for breach of contract. If he is the prosecution case, is based on the tort liability law as its foundation of right of claim, filed a tort action, he must prove that content will be more. One is the evidence of the occurrence of the damage, the damage is because I eat the food or medicines you lead. [14:49] Zhang Yongjian. So he has to prove two facts, one is you sell me something for me, two is the consequences of the occurrence of the damage, he also proved that a causal relationship exists between the two, I damage because of your food and drug problems, he would initially proved, causality in general is relatively difficult to prove. We think consumers as a non professional, he proved the quality problem caused damage to the food and drug ability is very weak, so we only require he demonstrated that there may be a causal relationship, or even if there are quality problems, the damage and the quality problems are not causal, only in that the premise so both under, can be exempted from liability. So the ability of proof that the whole is considering consumers as the weak side of the relatively weak situation. [14:49] [Hongkong's South China Morning Post reporter]: Assume the problem for the food, drug false advertising liability, whether the corresponding provisions of judicial interpretation? [14:54] Zhang Yongjian. At present, China's advertising market is still not standardized phenomenon, false food, drug ads are not uncommon. A few merchants to expand its market share, use of the media, people do false advertising spokesmen, damage the legitimate rights and interests of consumers, harm the health of the masses. [14:54] Zhang Yongjian. In the trial practice, related to food, drug advertising disputes more and more, need to be clear responsibilities. Based on the trust of consumer advertising and buy food, drug losses, in accordance with the relevant provisions of the "consumer protection law", request advertising operators, the publisher shall bear joint and several liability. [14:54] Zhang Yongjian. Social groups or other organizations, individuals use false advertising of food, medicines, caused damages to consumers, according to "consumer protection law" the relevant provisions shall bear joint and several liability. [14:55] [Caixin, new century weekly reporter]: Please Zhang Tingchang in accordance with the effective judgment in recent years introduce consumers through judicial channels to obtain effective relief, for example with the win rate filing rate or the plaintiff or tort based on damage compensation ratio, court support, then introduce some successful factors of consumer relief effective judicial way what? Thank you. [14:57] Zhang Yongjian. From just the contents of the press release that everyone has seen some of the data, the data is 2010-2012 years, the food and drug cases of civil disputes related to the total is 13216, the food and drug related cases from the case of the quantity is not much, there are many reasons. In this kind of disputes, because the judicial interpretation we also after a long time research, before the judicial interpretation not issued, dealing with some cases, courts have some different treatment. [14:57] Zhang Yongjian. From the consumer's point of view, the civil suit for compensation case are not many, may be the main reason for some disputes involving the amount of compensation is not big, some consumers psychological v. tired, eat a little loss averse to legal lawsuit case. So the number of cases are not many. We have mentioned that the provisions of public interest litigation issues, we hope that the consumer association or other relevant national legal institution or organization, the public welfare lawsuit form for the vast number of consumers to safeguard the legitimate rights and interests to achieve the purpose of purifying the market. This is our purpose of this judicial interpretation. [14:58] [Phoenix TV reporter]: We have just noted the spokesman said, including the recent "poison milk powder", "drainage oil" and a series of events to bring very serious, a series of influence the whole quality and safety environment, please the supreme law expected if the new judicial interpretation of Taiwan, is expected to achieve what results? This series of "black factory", "black workshop" will reach a certain regulation effect? [15:00] Zhang Yongjian. This problem is not itself the problem of judicial interpretation, it should be said that the food and drug consumption market, the problem of counterfeiting has been the broad masses of the people cherish an undying. The people's government include the people's court is also attached great importance to this issue, the judicial interpretation in 2013 has promulgated relates to food and drug safety related criminal cases. It should be said, to combat counterfeit and contain, in a public authority, through the methods of administrative supervision, through criminal means can play a positive role, but this is not enough. [15:00] Zhang Yongjian. If it is a formal war, the vast number of consumers we use legal weapon to safeguard their civil rights, can make the public power of our a pair of eyes to auxiliary joint supervision this market with thousands on thousands of consumers countless pairs of eyes, CO guardian of purify the market, this is the judicial interpretations of the expected the. We hope that through this judicial interpretation to arouse, inspire consumers' awareness of rights, the purification market, launched a war in the production and sale of fake and shoddy goods. [15:00] [JINGWAH Times reporter]: See the previous "advertisement law" 38 without the person to bear the corresponding responsibility of false advertising, the judicial interpretation is added to the individual, such as the celebrity or, if they are in the process of responsibility, how to judge whether they should bear the responsibility, or that if they do false advertising liability, or some sensible subjective consideration? [15:08] Zhang Yongjian. You just mentioned the "advertisement law", I also referred to the judicial interpretation of law is a series of legal interpretation, which is important to "consumer protection law", the new method has new rules on this issue, I hope you pay attention to this one, this one is on "advertisement law" as important supplement. [15:08] Zhang Yongjian. Forty-fifth new advertising law, at about personal issues, should be compared and advertising have increased, the advertising law made no mention of personal problems, a new method referred to in the forty-fifth social groups or other organizations, individuals in the health of consumers of commodities or services false advertising or other false advertising to consumers recommend products and service caused damages to consumers, business operators shall provide the goods or services and shall bear joint and several liability. [15:08] Zhang Yongjian. This is just the spokesman said, the judicial interpretation is not effective, the effective time is March 15, 2014, and the new "consumer protection law," the same day effect, because we on the basis of some important content is a lot of new "consumer protection law", so this point I want to bring to your attention. [15:09] [China daily news reporter]: Just now you mentioned, the judicial interpretation we was in March 15th this year, in addition to effective together with new consumer law, there is no other meaning? Second, we pay attention to the network consumption industry specially written on the judicial explanation, please talk about the corresponding background. In addition, some civil cases network platform also has some "safe harbor" principle, do not know in the judicial interpretation of food and medicine have more details can be disclosed? Thank you. [15:09] Zhang Yongjian. Responsibility of the network platform, new content and new "consumer protection law" provisions. As for why choose this judicial interpretation took effect on March 15th this year, mainly because of important legal basis for the entry into force in March 15th this year, which is the main reason. [15:09] Zhang Yongjian. On the network platform, our judicial interpretation of the provisions and the new "consumer protection law" is basically the same, just do some specific provisions in the operation of nature. Responsibility of the network marketing platform provider, it should be said that the "consumer protection law" provisions have relatively clear, we only provide an operation specification. [15:09] [Xinhua]: Seen from the judicial explanation, "fake" is not affected the proposition for consumers rights, I would like to ask the occupation to crack down on people is also included in the so-called "fake" this provision, that is to say, whether the behavior of occupation to crack down on people to be protected? Thank you. [15:10] Zhang Yongjian. On the "fake" problem, we in the first case has been related to the process of judicial interpretation of article made vivid interpretation, "fake" such behavior does not affect the behavior of people advocate the interests of consumers. But the so-called occupation play dummy, and even the formation of some company, group, on the issue of the judicial interpretation is not clearly defined, is still in a process of exploration. [15:10] Zhang Yongjian. We discuss the issues that occupation, fake itself is a double-edged sword, on the one hand to fake and shoddy behavior plays a restriction, deterrent, also has certain positive significance for market purification. But the occupation products may also have some moral hazard or some other market order on the issue from another. On these issues, we further still, no final conclusion. [15:10]
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