Why are yuba producers punished ten times?
By: Date: 2021-04-16 Categories: chinesefood Tags: ,
   Recently, the Liaocheng People’s Procuratorate filed a civil public interest lawsuit against Xiao Moumou producing and selling toxic and harmful yuba. The court made a first-instance verdict. The defendant Xiao Moumou was sentenced to ten times the punitive damages of 921,300 yuan, and Apologize to the public through national media.
   The investigation found that Xiao Moumou mixed toxic and harmful non-food raw materials containing formaldehyde and sodium formaldehyde sulfoxylate in the process of producing yuba, causing damage to the legitimate rights and interests of unspecified consumers. Xiao Moumou’s actions infringed on the legitimate rights and interests of many unspecified consumers, endangered the lives and health of unspecified consumers, and harmed the public interests of society, and he should bear the tort liability.
   Where did the ten times punitive damages come from?
  Relevant laws and regulations:According to the second paragraph of Article 148 of the Food Safety Law of the People’s Republic of China, the production of food that does not meet the food safety standards or the operation of food that knows that it does not meet the food safety standards, consumers In addition to demanding compensation for losses, it is also possible for producers or operators to demand compensation for ten times the price or three times the loss.
  Why can procuratorial organs file public interest lawsuits involving food and drugs?
   Legal basis, Article 55 of the”Civil Procedure Law of the People’s Republic of China” stipulates:”For acts that damage the public interest such as polluting the environment and infringing on the legitimate rights and interests of many consumers, the agencies and relevant organizations prescribed by the law may report to the people The court filed a lawsuit. The People’s Procuratorate found in the performance of its duties that damages to the ecological environment and resource protection, food and drug safety infringements on the legitimate rights and interests of many consumers and other acts that harm the public interests of the society, where there are no agencies and organizations specified in the preceding paragraph or where there is no institution and organization specified in the preceding paragraph or If agencies and organizations do not file a lawsuit, they can file a lawsuit in the people’s court.
  Liaocheng City Procuratorate always keeps in mind the”four most stringent” proposed by General Secretary Xi Jinping, namely, the most rigorous standards, the most stringent supervision, the most severe punishment, the most serious accountability, and earnestly fulfill the procuratorial duties of public interest litigation, Stick to the bottom line of food safety, fight the”tough battle” and build a strong protection wall. Up to now, 10 civil public interest lawsuits involving food and drugs have been filed, and the verdict supports the infringer to bear punitive damages of 9.4731996 million yuan. In judicial practice, the prosecution public interest litigation effectively amplifies the power of punitive damages and demonstrates the majesty of the law. Performing duties by prosecutors has guarded the safety of the people on the tip of the tongue.