Research Article
Research on Business Environment Risk Governance Based on Occupational Claims: 1784 Cases of Food Safety Disputes
Table 1
Food safety dispute jurisprudence development line.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Note. Refund 1 to compensate 1: the fourth session of the Standing Committee of the 8th National People’s Congress adopted the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests, proposing “refund 1 to compensate 1”; 10 times compensation: the seventh session of the Standing Committee of the Eleventh National People’s Congress voted on the Food Safety Law of the People’s Republic of China, proposing “10 times compensation”; refund 1 to compensate 3: the fifth session of the Standing Committee of the 12th National People’s Congress passed the Law on the Protection of Consumer Rights and Interests, proposing “refund 1 to compensate 3”; CSPC: Chongqing Senior People Court’s “Answers to Several Questions on the Trial of Consumer Rights and Interests Protection Disputes” provides for punitive damages for consumers: “if a person who purchases goods or services knowing that there are quality problems requests punitive damages, the people’s court shall not support it because it is against the principle of integrity”; SIRTCRIPD: restrictions on obtaining punitive damages in the Jiangsu Senior People Court’s Discussion Minutes (2016) No. 10 on Several Issues regarding the Trial of Consumer Rights and Interests Protection Disputes; REOCOB: suggestions of the Supreme People’s Court on guiding and regulating occupational counterfeiting, proposing to “reexamine occupational claims and other behaviors”; OCOCCAP: Shanghai Market Supervision Bureau, Shanghai Municipal Office of Legal Affairs and other seven departments jointly issued the “Guidance on Effective Response to Occupational Claims and Occupational Reporting Behavior to Maintain the Business Environment” (Shanghai Municipal Administration of Industry and Commerce (2018) No. 910), proposing to differentiate “occupational claims and ordinary consumers,” and to classify and apply policies; 10 times compensation∗: the seventh session of the Standing Committee of the Eleventh National People’s Congress voted on the Food Safety Law of the People’s Republic of China, proposing 10 times compensation for violations under informed conditions; COCPBE: Hong Mingji, a member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), proposed a motion on “combating occupational claims and optimizing the business environment”; LMMVBPEFF: Shanghai introduced the “list of minor market violations of business practices exempt from fines”; CDMRIPMB: the State Council issued “opinions on deepening reforms to strengthen food safety,” proposing to crack down on malicious reporting illegal profit-making behavior; CDEFAC: the General Office of the State Council issued the “Guidance on Promoting the Standardized and Healthy Development of the Platform Economy,” proposing to effectively protect the legitimate rights and interests of participants in the platform economy and to crack down on extortion in the name of “fighting against counterfeit”; RPOC: the State Administration for Market Regulation issued “Interim Measures for Handling Market Supervision and Administration Complaints and Reports” to put forward restrictive provisions for occupational claims, officially implemented since January 1, 2020; IFSMS: the State Council issued “Regulations on the Implementation of the Food Safety Law of the People’s Republic of China” to improve the food safety management system; Beijing TV: Beijing TV promotes the spirit of “the General Office of the CPC Central Committee and the State Council demands to crack down on occupational claimants”; Metro Newspaper: Metro Newspaper wrote “stopping occupational claims”; FPMRBSME: Guiding Opinions of the Supreme People’s Court on “Several Issues concerning the Proper Trial of Civil Cases Involving the Novel Coronavirus Pneumonia Epidemic According to Law (I),” which proposed “flexible preservation measures to reduce the burden of the small and microenterprises”; China Central Television News: China Central Television News propagated “market supervision and management complaints and reports processing interim measures” of the restrictive provisions of occupational claims, clearly cracking down on occupational claimants. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||