”Food is the heaven for the people, and food safety is the first.” Food safety is related to the health and safety of the people, and it is one of the most concerned issues in the lives of the people. The Party Central Committee and the State Council attach great importance to food safety work. The report of the 19th National Congress of the Communist Party of China clearly proposed the implementation of a food safety strategy, so that the people can eat at ease. The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China adopted the”Recommendations of the Central Committee of the Communist Party of China on Formulating the Fourteenth Five-Year Plan for National Economic and Social Development and the Long-term Goals for 2035″, emphasizing the adherence to the people’s supremacy and the supremacy of life, and protecting the safety of people In the first place, it is required to improve the safety assurance level of products and services related to people’s health, such as food and medicine. General Secretary Xi Jinping has issued important instructions on many occasions, emphasizing that food safety should be taken as a major political task, requiring the most stringent standards, strictest supervision, strictest punishment, and the most serious accountability to ensure that the people”Safety on the tip of the tongue”.
The Fifth Intermediate People’s Court of Chongqing Municipality and the basic people’s courts of its jurisdiction have always implemented the spirit of the central government, exerted its judicial functions, and effectively guaranteed the people’s food safety. In the three years from 2018 to 2020, the Chongqing Fifth Middle Court and district courts concluded 18,404 civil cases involving food safety, including 5285 from Jiulongpo District Court, 4,044 from Nan’an District Court, 2888 from Yuzhong District Court, and Dadukou District Court There were 2,425 cases, 1939 cases in Banan District Court, 447 cases in Jiangjin District Court, 344 cases in Yongchuan District Court, 306 cases in Qijiang District Court, and 67 cases in Rongchang District Court. Food safety disputes are mainly concentrated in the main urban area.
According to Article 148 of the Food Safety Law, “When producing food that does not meet food safety standards or operating foods that do not meet food safety standards, consumers can, in addition to claiming compensation for losses, also Ask the producer or business operator to pay ten times the price or three times the loss; if the additional compensation is less than one thousand yuan, it is one thousand yuan.” During the three-year period from 2018 to 2020, civil compensation for food safety consumption In the case, the Chongqing Fifth Middle School and the courts of the jurisdiction ruled that the amount of support for consumer claims was more than 33.7 million yuan.
In 2020, the civil cases of food safety disputes concluded by the Chongqing Fifth Intermediate People’s Court and the courts of the jurisdiction involved more than 100 kinds of food, mainly including noodle products, meat products, dairy products, tea, vegetables, condiments, More than ten categories, such as small foods, solid beverages, health care products, alcoholic beverages, and edible fungi, are all food consumed by the people on a daily basis. Common food safety issues involved in the case include:selling food beyond the shelf life, selling counterfeit food, refrigerated food not stored in accordance with the prescribed storage conditions and methods, excessive content of harmful substances such as heavy metals in edible fungi, and illegal use of food additives in food. Dairy products and other foods with health-care functions are not labeled in accordance with regulations or omitted to be labeled as inappropriate for people, drugs are added in violation of regulations, imported foods are not labeled with Chinese labels or have not been inspected by entry-exit inspection and quarantine institutions, and foods that are prohibited from being imported are sold.
In December 2020, the Supreme People’s Court issued the”Interpretation on Several Issues Concerning the Application of Law in the Trial of Food Safety Civil Cases (1)”, which provides more specific and clear rules for the trial of food safety civil cases. The Chongqing Higher People’s Court attaches great importance to the trial of civil food safety cases and provides timely guidance and regulation. The Chongqing Fifth Intermediate People’s Court and the courts in its jurisdiction will continue to implement the spirit of the Party Central Committee, put the protection of food safety of the people in the first place, give full play to the trial function, strictly crack down on food violations in accordance with the law, increase the cost of violations, and guide food producers and operators to be legal and Integrity management; strengthen the research on the application of food safety laws, unify the application and understanding of the law; strengthen food safety publicity, encourage the people to use legal weapons to protect their legitimate rights and interests; extend and expand judicial functions, and timely issue judicial suggestions on strengthening food safety management to relevant departments. Protect the people’s”safety on the tip of the tongue” and effectively enhance the people’s sense of security, sense of gain, and happiness.