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    Home > Food News > Food Flavorings News > Shandong Zibo Zhang shop: the city's first production and sale of counterfeit salt civil public interest litigation case in court judgment

    Shandong Zibo Zhang shop: the city's first production and sale of counterfeit salt civil public interest litigation case in court judgment

    • Last Update: 2020-11-29
    • Source: Internet
    • Author: User
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      Justice Network Zibo March 25th, March 19th, Shandong Province, Zibo City Zhangdian District Prosecutor's Office participated in the handling of Hou and other six people to produce and sell fake salt civil public interest litigation case in Zibo City Intermediate People's Court and sentenced in court, the final court all supported the prosecution's request for litigation, sentenced Hou and other six defendants to pay punitive damages totalling 107,450 yuan, while at the provincial level and other media to apologize to the public.
    From the end of 2015 to April 2016, the defendant who did not produce and operate edible salt qualifications Hou used industrial salt to make counterfeit salt for sale, Hou sold some of them on his own in the bazaar, partly to the defendant Pang, who did not have the qualifications to operate the salt business, and then sold to Han, who operated condiments, and others, which were eventually purchased by hotels, restaurants and individual consumers.
    the above-mentioned counterfeit salt sold to the consumer market a total of 6.78 tons, the total amount purchased by consumers 10,745 yuan.
    The defendant's act of producing and selling salt that does not meet safety standards constitutes an infringement on the public interest in the field of food consumption, and shall bear tort liability for damage to the health of non-specific consumers.
    court ordered the six defendants to pay punitive damages of 107,450 yuan in accordance with the price paid by consumers within the limit of the amount of salt they sold, and apologized in the provincial-level newspapers and other media in Shandong Province.
    case is the hospital in the handling of Hou a production, sale of counterfeit salt criminal case found in the civil public interest litigation clues.
    In examining the clues in the case, the court held that Hou's production and sale of counterfeit salt constituted a crime, although he had been sentenced and was subject to criminal punishment, but his actions violated the public interest, and he should be investigated for civil liability while pursuing his criminal responsibility in accordance with the law.
    In accordance with the relevant provisions, after combing through the case in detail, the court handed over the case clues to the Zibo City Prosecutor's Office, and after the approval of the higher court, the prosecutor Liu Pan participated in the whole process of investigation and evidence-taking by the municipal court, the preparation of legal documents, reporting the case to the provincial court, sending personnel to appear in court and other cases, and finally filed civil public interest proceedings with the court.
    This case is the first civil public interest litigation case in Zibo City to decide to pay punitive damages, handled to achieve the purpose of handling the case, education, further standardize food safety, increase efforts to prevent food safety risks, and effectively protect the people's tongue on the safety.
    : Article 55 of the Code of Civil Procedure: The organs and relevant organizations prescribed by law may bring a suit in a people's court against acts that harm the public interest, such as polluting the environment and infringing the legitimate rights and interests of many consumers.
    In carrying out its duties, the People's Procuratorate may bring a suit in a people's court if it finds that acts that damage the ecological environment and resources, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, etc., and do not bring a lawsuit in the absence of the organs and organizations stipulated in the fore paragraph or the organs and organizations stipulated in the fore paragraph.
    the organs or organizations stipulated in the previous paragraph, the People's Procuratorate may support the prosecution.
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