摘要
食品药品惩罚性赔偿制度对于保护食品药品安全和消费者合法权益具有重要意义,但理论和实践对食品药品惩罚性赔偿责任构成要件、"知假买假"者索赔应否支持、食品标签及说明书瑕疵责任认定、代购人责任、小作坊责任等问题存在不同认识.《最高人民法院关于审理食品药品惩罚性赔偿纠纷案件适用法律若干问题的解释》将支持食品药品惩罚性赔偿请求的条件统一到"生活消费需要"这一标准之下.对于"知假买假"者,以合理生活消费需要为限支持惩罚性赔偿请求,并对保护普通消费者维权、退款和返还食品药品、代购人责任、小作坊责任、标签说明书瑕疵认定、惩罚性赔偿责任竞合、生产经营假药劣药责任、规制反复索赔、惩治违法索赔等作出规定,在理论上回答了食品药品惩罚性赔偿责任的构成要件、消费者与"知假买假"者的关系等理论争议问题;在实践上统一了裁判规则,在保护食品药品安全和消费者权益基础上,规制恶意高额索赔、惩治违法索赔、构建民事审判与行政执法和刑事打击的衔接机制,较好平衡各方利益,完善了我国食品药品安全责任体系和惩罚性赔偿制度.
Abstract
The punitive damages system for food and drugs is of great significance for protecting food and drug safety and the legitimate rights and interests of consumers,but there are different understandings in theory and practice on the constituent elements of the liability for punitive damages for food and drugs,whether to support the claims of those who know and buy fake goods,the determination of the liability for defects in food labels and instructions,the liability of purchasing agents and the liability of small workshops.The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Punitive Compensation for Food and Drugs unifies the conditions for supporting claims for punitive compensation for food and drugs under the standard of"living and consumption needs".For those who"buy fake drugs with knowledge",the request for punitive compensation shall be supported within the limit of reasonable living and consumption needs,and provisions shall be made on the protection of the rights of ordinary consumers,refund and return of food and drugs,the responsibility of purchasing agents,the responsibility of small workshops,the identification of defects in labels and instructions,the concurrence of punitive liability for compensation,the liability for production and operation of fake and inferior drugs,the regulation of repeated claims,and the punishment of illegal claims.Theoretically,theoretical disputes such as the constituent elements of punitive liability for food and drugs,and the relationship between consumers and those who"buy fake drugs with knowledge"have been answered;On the basis of protecting food and drug safety and the rights and interests of consumers,the judgment rules have been unified in practice,and on the basis of protecting food and drug safety and consumer rights and interests,malicious and high-value claims,punishment of illegal claims,construction of a linkage mechanism between civil trial and administrative law enforcement and criminal strike have been standardized,so as to better balance the interests of all parties,and improve China's food and drug safety liability system and punitive compensation system.
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