食品职业打假索赔法律规制路径探析

Analysis on the legal regulation path of the claim for cracking down on food profession

食品职业打假人的出现以市场经济的高速发展为基础,以相关法律的出台为推动力。纯以牟利为目的而进行打假的职业打假人,已成为扰乱市场秩序的不稳定因素。职业打假人利用司法资源牟取私利的行为是占用和滥用司法资源的表现,因此有必要对食品职业打假人索赔路径进行法律规制。首先,法律应对职业打假人的含义进行明确释义;其次,相关法律应明确食品职业打假人不适用《消费者权益保护法》《食品安全法》惩罚性赔偿;再次,对食品职业打假人的起诉资格,应根据不同情况进行认定:否认其行政诉讼资格;允许其提起民事诉讼;涉及到的公共利益,应通过民事公益诉讼进行救济;最后,有必要进一步完善行政举报奖励制度。

The emergence of food professional counterfeiters is based on the rapid development of market economy and driven by the introduction of relevant laws.It has become an unstable factor to disturb the market order to fight against fake professional dummies purely for the purpose of making profits.The behavior of using judicial resources for personal gain by professional counterfeiters is a manifestation of occupying and abusing judicial resources.Therefore,it is necessary to regulate the claim path of food professional counterfeiters.First of all,the law should make clear the meaning of the professional counterfeiter.Secondly,the relevant laws and regulations should make it clear that the food professional crackers do not apply the punitive compensation of the consumer rights and interests protection law(hereinafter referred to as the"consumer law")and the food safety law.Thirdly,the prosecution qualification of the food professional cracker should be judged according to different situations:denying its administrative litigation qualification;allowing him to bring a civil action;the public interest involved should be relieved through civil public interest litigation.Finally,it is necessary to further improve the reward system of administrative report.