April 18, 2024, Anhui Legal Daily, 3rd edition
"Lock", "Build wall", "Close net" Multi dimensional protection of consumer rights
The protection of consumers' rights and interests is closely related to the people's livelihood and interests. In recent years, the procuratorial organ of Huangshan City has insisted on performing its duties according to the law, focusing on food hygiene, drug safety, personal information protection and other fields to actively respond to the demands of the masses and social concerns, playing the role of procuratorial function to protect the legitimate rights and interests of consumers. Since 2022, a total of 10 cases and 10 people have been arrested, 39 cases and 71 people have been prosecuted, 60 cases of public interest litigation for consumer protection have been handled, 14 pre litigation procuratorial suggestions have been issued to relevant administrative organs, and 33 public interest litigation have been filed in courts, building a solid "judicial defense line" for the protection of consumers' legitimate rights and interests.
Add another "lock" for food safety of vending machine
As a new type of food business, vending machines are more and more common in public places. However, whether the operator's qualification is qualified, and whether the drinks and food sold are up to the standard has aroused widespread concern among the public.
In response to these issues of concern to the public, the Xiuning County Procuratorate found that the vending machines placed in the gymnasiums, shopping malls and other crowded places within the jurisdiction of the People's Procuratorate did not hang or place food business licenses in prominent positions. Vending machines are highly mobile, and relevant information is not publicized. Consumers cannot judge whether the goods are due and whether the quality is qualified. Once a dispute arises, it will be difficult to safeguard their rights due to the uncertainty of the business entity, and there will be major food safety hazards.
In this regard, the Court promptly issued public interest litigation inspection suggestions to relevant administrative organs, urged them to fully perform their duties according to law, conduct food safety inspection and disposal, and took effective measures to rectify the irregular sales of vending machines and eliminate hidden dangers in a timely manner. After receiving the inspection suggestions, the administrative organ quickly organized the inspection work, checked the vending machines within the jurisdiction, interviewed the vending machine operators who did not publicize the business information according to law, and demanded immediate rectification, and publicized the name, contact information, Food Business License and other information of the operators according to law.
At the end of December 2023, the Procuratorate of Xiuning County will "look back" at the vending machines in some public places under its jurisdiction. The vending machines in operation have all publicized their operator information. In order to further standardize the operation of vending machines, in 2023, the procuratorial organ of Huangshan City will supervise the operation of vending machines with certificates, whether the food sold has potential safety hazards, whether daily supervision is in place and other issues throughout the city. Eight cases will be filed and eight procuratorial suggestions will be sent to relevant administrative authorities.
Build another "wall" for drug safety of the masses
In August 2022, Qimen County Market Supervision and Administration Bureau and Qimen County Public Security Bureau found in the special law enforcement action that Zha had purchased two batches of more than 60 kinds of aphrodisiac products for sale through WeChat in the process of operating "herbal medicine shops". According to the test, 36 kinds of products of more than 60 kinds of aphrodisiac products sold by XX contain the prohibited "sildenafil" ingredient. Huangshan Municipal Market Supervision and Administration Bureau has identified 36 categories of products sold by a certain person as fake drugs.
On January 3, 2023, Qimen County Public Security Bureau transferred a person suspected of selling fake drugs to Qimen County Procuratorate for investigation and prosecution. After examination, the procuratorial organ believed that Zha's act of selling fake drugs infringed on the right to health of many unspecified consumers and harmed the social and public interests, so it filed a criminal incidental civil public interest lawsuit to the court, asking the defendant to bear three times the amount of compensation for sales, and apologized to the public in the news media above the municipal level. At present, the case has been decided by the court in the first instance, All appeals of the procuratorial organ were supported by court decisions.
Drugs are an indispensable part of ensuring people's life and health, and directly related to the fundamental interests of the broad masses of the people. Since 2022, the procuratorial organ of Huangshan City has been strictly cracking down on illegal crimes against drug safety according to law, arresting one person in one case, prosecuting five people in three cases, handling four cases of public interest litigation, making and issuing two pieces of procuratorial recommendations, urging the standardization of the order of pharmacy operation and management, and building a "firewall" for the safety of drug use by the masses with practical actions.
Another "network" for personal information security protection
In July 2021, the criminal gang led by a certain person illegally obtained a large number of personal information of citizens, including mobile phone numbers, under the cover of assisting the medical insurance department to activate electronic medical insurance vouchers in several villages and towns in Huizhou District, and used the illegally obtained personal information of citizens to assist the black ash industry personnel to register WeChat, twitter and other accounts, involving a total amount of more than 210000 yuan.
In 2022, the Huizhou District Procuratorate will file a civil public interest lawsuit in accordance with the law against the above violations of citizens' personal information, and request the court to order the above violators to bear the responsibility of apologizing and compensating for losses. At present, the case has been decided by the court in the first instance, and all appeals of the procuratorial organ have been supported by the court's judgment. Personal information is related to consumers' personal privacy and property security. On November 1, 2021, the Personal Information Protection Law of the People's Republic of China was officially implemented, and personal information protection officially became the legal field of public interest litigation. Since then, the city's procuratorial organs have actively promoted the handling of consumer personal information protection public interest litigation cases, organized a secure "network" for the protection of the personal information security of the masses, and filed a total of 18 civil public interest litigation cases.
