Liu Junhais comment on the event of fake milk powder: consumers should enjoy 1 + 10 times compensation

 Liu Junhais comment on the event of fake milk powder: consumers should enjoy 1 + 10 times compensation

Recently, many parents in Yongxing County, Chenzhou City, Hunan Province found that their children had eczema, weight loss and skull deformity, which caused social concern. The survey found that these children were diagnosed as rickets by the hospital, and they all ate a special medical milk powder named betamethasone. It also sounded the alarm of food safety again.

Liu Junhai

There are three reasons why similar events emerge in endlessly

First, some enterprises ignore the law and business ethics, and sell a solid drink to children with milk allergy as special medical food. Such enterprises do not really believe in and revere food safety law, consumer rights and interests protection law and minors protection law. Of course, most food companies in real life have faith and awe. However, there are some enterprises and their controlling shareholders, actual controllers, directors and executives who have subverted the food safety standards and food safety ethics that are commonly recognized by the food industry. Although such people have high IQ, innovative consciousness and strong public relations ability, they are seriously lack of necessary awareness of legal and moral business. This is an important reason for this major safety accident.

Second, there are loopholes in food safety supervision. Markets will fail, but regulators should not. The occurrence of this event means that there are blind areas, loopholes and vacuum areas in the current supervision. This event is a concentrated reflection of regulatory arbitrage.

Third, some parents have irrational consumption behavior because of over trust to doctors and shopping guides. Some enterprises not only have no gratitude to consumers, but also regard them as the weak ones who lack the ability to distinguish the quality of milk powder. This kind of abnormal business psychology has led some enterprises to have no fear. Consumers trust domestic brands in good faith, but this trust is abused. Therefore, I hope that the next step for consumers should be safety oriented, health-oriented, and within the scope of financial resources, seriously choose large brand dairy enterprises, including domestic and international brands.

Children are the flowers of our country, the hope of our family and the future of our nation. We must put the personal safety of our children first. We must take responsibility for the physical and mental health and life safety of the next generation of minors. Chinas opening to the market of dairy products and infant formula milk powder has not only expanded the choice space of infant parents, but also made domestic dairy enterprises more excellent.

Markets have eyes, laws have teeth. The law has at least four teeth. The first is civil compensation liability, the second is administrative penalty, the third is criminal liability, and the fourth is credit sanctions. These four legal responsibilities complement each other and are indispensable. It cant be said that because of the administrative fine, the infringing enterprise will not bear the civil compensation responsibility for the injured children and parents, nor can it be said that the criminal responsibility will not be investigated if it bears the civil responsibility. The key is to return to the bridge and the road. In principle, these legal responsibilities are consistent, complementary and indispensable. We cant think that if we fight, we will not be punished. If we fight, we will not be compensated. If we compensate, we will not fight.. This view is all wrong. Only by strengthening the investigation mechanism of legal responsibility, can we raise the cost of breaking the law, reduce the income of breaking the law, ensure that the cost of breaking the law is higher than the income of breaking the law, and then make the violator feel painful, and consciously give up the motivation and intention of breaking the law, breaking faith and infringing acts.

The criminal responsibility of the enterprises involved should be investigated by reference to the legal sentencing range of the criminal responsibility of homicide and intentional injury.

Some scholars pointed out that for the behavior of selling fake milk powder, we should refer to the law of stealing the well cover and deal with it according to intentional injury and intentional homicide according to the seriousness of the consequences. From the perspective of substantive justice, I agree with this statement in principle, but it can only be discussed at the level of legislation, rather than the interpretation of the current law. After the law is promulgated and before it is amended, we should investigate the legal liability of the violator in accordance with the law within the existing legal framework. Of course, I suggest that when the criminal law is revised in the future, the criminal responsibility of those who produce and sell food that does not meet the food safety standards can be investigated by comparing the crime of homicide or intentional injury.

Because, to give special protection to children, consumers are originally weak, and children consumers are the weak among the weak. In the long run, we can consider that even if we do not include these food crimes that do not meet the food safety standards into the category of homicide and intentional injury crimes, we should at least refer to the legal sentencing range of the criminal responsibility of homicide and intentional injury crimes to investigate the criminal responsibility of illegal enterprises and their controlling shareholders, actual controllers, directors and executives. Only when we pay more attention to the prevention and treatment of chaos and the elimination of drugs, can we lift the clouds, punish the evil and promote the good, and purify the ecological environment of infant milk powder market.

1 + 10 times compensation is more reasonable

According to reports, the health and Health Commission determined that there was false publicity about the events sales behavior, and the enterprise United hospital was responsible for the consumers compensation of one refund and three compensation. Its better to take the initiative than not. But strictly speaking, I think this kind of behavior is not only fraud, but also suspected of violating the provisions of the food safety law, suspected of producing and selling unsafe food. If so, the range of punitive damages applicable is not only one for three, but 1 + 10 times. Article 148 of the food safety of the peoples Republic of China stipulates that in the production of food that does not conform to the food safety standards or in the operation of food that clearly knows that it does not conform to the food safety standards, consumers may, in addition to claiming for compensation for the losses, also claim for compensation of ten times the price or three times the loss from the producers or operators. Article 55 of the law of the peoples Republic of China on the protection of the rights and interests of consumers stipulates that if a business operator commits fraud in providing goods or services, it shall, at the request of consumers, increase the compensation for the losses it has suffered, and the amount of the increased compensation shall be three times the price of the goods purchased or the cost of the services received by consumers. As the consumer rights law stipulates 1 + 3 times of punitive liability, I personally think the application of food safety law may be more fair and reasonable.

Only through the efforts of enterprises, regulators and consumers can we avoid the recurrence of such incidents

I think we should not only deal with cases, but also play an educational role through dealing with cases. It is hoped that all dairy enterprises can reflect on themselves, be cautious and self-discipline, change when they have some, and encourage when they have none, so as to truly think of the best, choose the best, and change from the bad to the good.

First, I hope that enterprises should establish the business philosophy of one mind, two-dimensional, three products, four business, five strictness and six reality.

One mind requires enterprises to be grateful to consumers, and truly regard consumers as their parents. Consumption is the source of wealth. Water can carry a boat, but it can also capsize it.

Two dimensional requires that the right brain of enterprises and entrepreneurs should have profit rationalization thinking, not profit maximization thinking, and the left brain should have social responsibility thinking. Enterprises always emphasize the maximization of profits, which will inevitably lead to the abyss of moral decay. Social responsibility thinking means that enterprises should not only make money, can make money, and make a lot of money, but also become a consumer friendly and widely respected conscience enterprise.

Four quotients requires enterprises to have the intelligence quotient of constantly innovating food and service, the emotional quotient of continuously receiving the respect, trust and trust from the heart of consumers, the legal quotient of consciously believing in and awe of food safety law and consumer rights protection law, and the moral quotient of consciously practicing the best business ethics of the global food industry.

Five strictness requires enterprises to have strict food safety standards, strict quality control system, strict after-sales service system, strict internal control system and strict accountability system. Some enterprises food safety standards are very glossy, but they are in vain. Food safety standards of insecurity is the biggest insecurity. Whether food safety is guaranteed or not, food enterprises should prove their innocence and let the strict system take root.

Six facts require enterprises to consolidate and protect consumers right to know, right to choose, right to fair trade safety, right to security, right to governance and right to claim. The obligations of food enterprises and the rights of consumers are mutually exclusive. In order to enhance the core competitiveness of enterprises, food enterprises must sincerely respect and protect the rights of consumers.

Second, we hope that the regulatory authorities will strengthen their supervision. Its unrealistic for consumers to protect everything by themselves. Consumers are not omniscient encyclopedias, nor scientists who are familiar with food safety and other consumption knowledge. I hope that when the market fails, the regulatory authorities will be brave enough to take on the responsibilities and stand up, and use the administrative guidance, administrative supervision, administrative punishment and other administrative supervision means given by the law, so as to achieve the goal of moving forward at an early date, treating both the symptoms and the causes, and strengthening the efforts of precise supervision and targeted supervision. There is no pain in general, but no pain in general. All problems that consumers have strongly reflected should be faced squarely and investigated and dealt with by the regulatory authorities.

Of course, any enterprise should ensure the safety of consumers. Any enterprise, including domestic and foreign enterprises, shall bear corresponding legal liabilities in strict accordance with the law if it violates the obligation of safety protection for consumers. I hope to take this event as an opportunity for the whole food industry to learn from it, draw lessons from it, clear the hidden rules and black sheep of the industry, and further curb the spread of integrity in the domestic industry.

The criminal law adopts the presumption of innocence. The contract law adopts the presumption of effective contract. But consumers will adopt the psychological attitude of food insecurity presumption for the whole industry where the dishonest enterprises are located. It is hoped that the whole food industry can prove itself to be a brand that Chinese consumers and Chinese children can truly trust and trust from the heart, and can really consolidate the security rights of the majority of childrens consumers. Because it involves not only the civil rights of children, but also the public interests of the whole society, and national security. So baby food is no small matter. Infant food safety is a small step, social public safety and commercial civilization is a big step. We hope that the food industry can turn crisis into opportunity, change the abnormal business model existing in the industry, and create an ecological environment of food market with honesty, credibility, fairness and justice, win-win sharing, inclusive and inclusive, temperature, vitality and bottom line as soon as possible.

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