A fast food restaurant in Dongchangfu District, Liaocheng City, Shandong Province, cut fresh seasonal fruits into prepackaged ready-to-eat ingredients such as yogurt and canned red beans purchased through formal channels to make fruit fishing take-out, and the result was targeted. After the other party placed the order, it first reported that the fast food restaurant did not have a cold food production license, and then pointed out that the fruit fishing did not meet the food safety standards, and was awarded compensation to 1000 yuan.

Afterwards, the fast food restaurant sued each other and asked the court to decide to return 1000 yuan. Fast food restaurants believe that the other party is not an ordinary consumer, but a professional whistleblower, which is a disguised business behavior of making a purchase for the purpose of claiming compensation, and the 1000 yuan compensation it obtained is unjust enrichment.

On April 28, 2022, the Intermediate People’s Court of Binzhou City, Shandong Province announced the second-instance judgment of the dispute: the People’s Court of Wudi County, Shandong Province ruled that the defendant was unjustly enriched and should return 1000 yuan, a fast food restaurant, and pay interest on the occupation of funds. Binzhou Intermediate People’s Court upheld the original judgment in the second instance.

The fast food restaurant sold fruit fishing and was investigated and compensated 1000 yuan.

According to the court’s judgment, at about 15: 00 on August 11th, 2021, Yumou ordered an energy roll of runaway chicken breast and a fruit fishing with mango bursting beads from Youyou fast food restaurant in Dongchangfu District of Liaocheng City through the "Mei Tuan", with a total payment of 28.6 yuan, and Youyou fast food restaurant delivered it according to the contract. On the same day, Yumou reported that Youyou Fast Food Restaurant sold it "mango fried pearl fruit fishing" through the national 12315 platform, which was suspected of operating cold food beyond the permitted scope. After receiving the report, the market supervision office in front of Dongchangfu District Market Supervision Administration immediately inspected Youyou Fast Food Restaurant, told it not to operate cold food without obtaining the cold food license, and arranged the "Meituan" and "Hungry" platforms to stop the online operation of cold food in the store. At the same time, according to relevant regulations, it was decided to criticize and educate Youyou Fast Food Restaurant for its illegal behavior.

On August 17th, Yumou claimed 1000 yuan from the operator Guo on the grounds that the "mango and pearl-popping fruit fishing" he bought did not meet the food safety standards, and Guo transferred 1000 yuan to Yumou through WeChat.

Subsequently, Youyou fast food restaurant recovered the above money from Yu, but failed. Youyou Fast Food Restaurant brought a lawsuit to Wudi County People’s Court, requesting an order to return Youyou Fast Food Restaurant’s unjust enrichment of 1000 yuan, compensate for its occupation of 1000 yuan’s interest, and compensate for the loss of revenue from normal business projects brought to Youyou Fast Food Restaurant.

The focus of the dispute between the two sides: Is fruit fishing a food that does not meet safety standards?

Whether the fruit fishing involved meets the corresponding national food safety standards and food safety regulations has become the focus of controversy between the original defendant and the defendant.

Yu believes that the fact that Youyou Fast Food Restaurant has not obtained the license for the manufacture and sale of cold food, and the illegal manufacture and sale of food has been verified by Dongchangfu District Market Supervision Administration of Liaocheng City, and it can be confirmed that the food involved in Youyou Fast Food Restaurant’s operation does not meet the national food safety standards of GB14881-2013 and the relevant provisions of the General Rules for the Examination of Food Business License (Trial). At the same time, China’s Food Safety Law stipulates that the state implements a licensing system for food production and operation. Engaged in food production, food sales, catering services, shall obtain a license according to law. In the production of food that does not meet food safety standards, consumers can demand compensation from producers or operators for ten times the price or three times the loss, in addition to compensation for losses. According to the facts ascertained by the relevant administrative departments, Youyou fast food restaurant sells and sells cold food without obtaining the license of "selling and selling cold food", which violates the provisions of the Food Safety Law and causes certain security risks to a certain person. It should pay compensation of ten times the price to a certain person, and the increased compensation amount is calculated as 1,000 yuan if it is less than 1,000 yuan.

Youyou fast food restaurant obviously disagrees with the above opinion. Youyou fast food restaurant said that the fruit fishing produced and sold by the store is only prepackaged and cooked ready-to-eat vegetable ingredients such as big-brand yogurt, canned red beans, and fried eggs, which are cut fresh seasonal fruits and purchased through formal channels, and belong to plant cold food products. According to China’s Food Safety Law, food that does not meet the food safety standards refers to food that is toxic and harmful in essence, does not meet the proper nutritional standards, and may cause any acute, subacute or chronic harm to human health. The fruit fishing produced by Youyou fast food restaurant does not involve toxic and harmful substances, and it has due nutritional requirements and meets food safety standards. In addition, the business format of Youyou Fast Food Restaurant is an online shop, which only provides online catering services, and does not offer in-house meals. Its business premises are in line with the Code of Food Safety Operation for Catering Services. By listing the standards that are not applicable to the business format of online shops, it is inferred that the reason why the fruit fishing produced by Youyou Fast Food Restaurant does not meet the food safety standards cannot be established.

Youyou fast food restaurant also argues that Yu is a professional whistleblower, not an ordinary consumer, and the purchase of goods for the purpose of claiming compensation belongs to a disguised business behavior. Yu seriously violates the principle of good faith in order to achieve the purpose of earning profits by reporting rewards and should be resisted.

Court: No license does not necessarily violate food safety standards, and unjust enrichment should be returned.

The Wudi County People’s Court held in the first instance that based on the evidence submitted by a defendant, it can only prove that Youyou fast food restaurant has an illegal act of operating cold food without permission, but the food manufactured and sold without permission does not necessarily violate the food safety standards, and after a defendant clearly stated in the trial that he did not have diarrhea and other physical discomfort symptoms, so there is insufficient evidence that the food involved in a defense case does not meet the food safety standards, and he should bear the legal consequences of failing to prove it. Therefore, there is no legal basis for a profit, which constitutes unjust enrichment. Therefore, it is decided to return 1000 yuan, a Youyou fast food restaurant, and pay the interest on the funds occupied (based on 1000 yuan, the interest will be calculated at the annual rate of 3.85% from August 17, 2021 to the date of actual payment).

After the judgment of the first instance, Yu appealed.

The second instance of Binzhou Intermediate People’s Court held that the second paragraph of Article 148 of China’s Food Safety Law stipulates that consumers can demand compensation from producers or operators for ten times the price or three times the loss in addition to producing food that does not meet the food safety standards or operating food that they know does not meet the food safety standards; If the amount of additional compensation is less than 1,000 yuan, it will be 1,000 yuan. However, there are defects in the labels and instructions of food that do not affect food safety and will not mislead consumers. Article 150 stipulates that food safety means that food is non-toxic, harmless, meets the nutritional requirements and does not cause any acute, subacute or chronic harm to human health. Accordingly, the food that does not meet the food safety standards referred to in the second paragraph of Article 148 of the Food Safety Law shall refer to the food that is toxic and harmful in essence, does not meet the nutritional standards that should be met, and may cause any acute, subacute or chronic harm to human health.

In this case, Youyou Fast Food Restaurant did not obtain the cold food production license to produce and sell the products involved, but the products involved did not obtain the license to produce and sell did not mean that the products did not meet the food safety standards. The food production license and the food safety standards did not belong to the same category and could not be simply equated. Moreover, it was not proved that the cold food involved was toxic, harmful, did not meet the nutritional requirements, and had any acute, subacute or chronic harm to human health and other problems that affected food safety. Therefore, the basis for a claim for ten times compensation from Youyou fast food restaurant is not sufficient, and the judgment of the court of first instance is not improper.

On April 22, 2022, Binzhou Intermediate People’s Court ruled in the second instance that the appeal was dismissed and the original judgment was upheld.

It was reported that 11 restaurants sold cold dishes and sued State Administration for Market Regulation for rewards, which was rejected by the court.

The Paper inquired about China Judgment Document Network and found that there were more than 200 related judgment documents filed by Yu, many of which sued local market supervision departments for failing to get rewards for reporting.

A second-instance judgment of the Intermediate People’s Court of Dongying City, Shandong Province shows that in May 2020, Yu bought 11 cold dishes, including cold cucumber bean skin, preserved egg with ginger sauce, cold Flammulina velutipes, cold tomatoes, mixed bitter chrysanthemum, green onion mixed with tofu, mixed shredded potatoes, and baked tofu skin, from 11 restaurants through a US group takeaway, and then reported these 11 restaurants to the Dongying Hekou District Market Supervision Bureau. After receiving the report, Hekou Market Supervision Bureau warned the above-mentioned restaurants and ordered them to make corrections, but did not give a reward on the grounds that the report did not meet the reward conditions.

Subsequently, Yu sued the Hekou District Market Supervision Bureau to the court and asked for a reward for reporting. After trial, the court held that in this case, Yu’s above-mentioned behavioral characteristics reflected that his purchase behavior was not for consumption, and he did not submit evidence to prove that the quality of the products he bought damaged his legitimate rights and interests. In the end, it was determined that Yu did not meet the reward conditions in Article 6 of the Measures for Rewarding Reports of Food and Drug Violations, and the judgment rejected Yu’s prosecution.

According to a ruling of Tianjin Xiqing District Court on a lawsuit against Xiqing District Market Supervision Bureau for reporting reward, the court found that Yu had complained and reported 24 cases to Tianjin market supervision system since June 2020, demanding reporting reward. As of July 27, 2020, there were 204 lawsuits filed in a certain place, of which 39 were administrative litigation cases that refused to accept the decisions of market supervision and food and drug supervision. Most of the 165 cases are civil litigation cases in which disputes over sales contracts and online shopping contracts are prosecuted.

Xiqing District Court held that, in this case, the plaintiff filed a large number of complaints or filed lawsuits for rewards for the goods he bought in a short period of time, which obviously did not belong to ordinary consumers who bought goods or services for consumption, and his complaints and reports did not belong to acts implemented to safeguard their legitimate rights and interests. According to the spirit of Article 37 of the Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening Reform and Strengthening Food Safety, malicious reporting of illegal profit-making is not a legal act protected by law, and its subject has no legitimate interests protected by law. In the end, the Xiqing District Court rejected Yu’s lawsuit in the first instance.

　　CCTV News:All the way to the west, I have witnessed the truest poverty and prosperity here, and I have also buried the deepest feelings and dreams.

　　South Xinjiang, south of Tianshan Mountain in Xinjiang. The unique customs of the western regions have cast a mysterious veil on this place. Walking on the streets of Kashgar, countless deep Gu Xiang stretches in the corners of the city, and exotic buildings are collided with high saturation colors, outlining the diversity and blending of national cultures. Tankeng, musical instrument shop, gold and silver shop … … Witnessing the thousand-year history of this land, children’s play and the strong smell of food inject boiling and freshness into it.

　　Located in Pamirs, it has been bearing the generous gift of sunshine since ancient times. Southern Xinjiang was once an important commercial port on the ancient Silk Road, but it also struggled in poverty. Due to poor natural conditions and backward infrastructure, the "four prefectures" here once belonged to deep poverty-stricken areas in the country.

　　Nowadays, in the construction of aiding Xinjiang from generation to generation, Kashgar, Kezhou and other places have already taken off their poor hats and made a big step forward. There are indelible sadness and hard work behind this, as well as enthusiasm and determination to move forward wholeheartedly.

　　Vakvak, the light is on.

　　In the early morning of March 23, 2019, Xi Kewei refused to see his family off, carrying his luggage alone and boarding a flight to Kashgar, ready to start his work in the village. On that day, all he could think about was He Jingzhi’s Window of the Westbound Train.

　　The first night I arrived in Vakvak Village, it was getting late. In the middle of the night, Xi Kewei was awakened by a chat. Reached out and turned on the light, but it didn’t work. When I opened the door, I saw the village cadres on duty in the corridor. It turned out to be a power failure.

The kitchen of a villager’s house in Vakvak village before poverty alleviation.

　　Here, villagers are used to power outages.

　　Back in the house, he lit a candle and called the secretary of the village branch to learn more about the situation. The village has no financial power, and the village finances the township. The daily office expenses have to wait for the township government to allocate, and the township government’s expenses are also stretched. Power cuts and water cuts are common, and every accounting charging fee can only be charged to 50 yuan.

　　At the beginning of his stay in the village, Xi Kewei lit candles for a month and paid the electricity bill for the village Committee for three months with his own money.

　　Vakvak Village is located in the southwest of Xinjiang, at the southern foot of Tianshan Mountain and the western edge of Tarim Basin. It is rich in sunshine resources, with an annual sunshine duration of 2,500-3,000 hours.

On the roof of Vakvak Village Committee, photovoltaic power generation has brought light and hope to the villagers.

　　In order to make full use of the local sunshine resources, Xi Kewei, who was born in the power industry, quickly started to declare the implementation of distributed photovoltaic power generation projects. With the assistance of Huadian, 196 photovoltaic modules were laid on the roof of the village Committee. The project was put into use in August 2019. In less than one year, these photovoltaic panels not only met the living electricity consumption of the surrounding residents, but also brought the first income-generating funds to the village collective through the way of surfing the Internet with surplus electricity.

The family of Zilaihan Mi Jiti, a villager, took a group photo in front of the new house.

After the villagers moved into the anjufang, the kitchen was equipped with a gas stove.

　　The report of the 19th National Congress of the Communist Party of China once described the general requirements of the rural revitalization strategy: industrial prosperity, ecological livability, rural civilization, effective governance and affluent life.

　　Build an ecologically livable village, Lucid waters and lush mountains are invaluable assets.

　　Over the past two years, the fully automatic cold pressed brick production line has produced the first environmentally friendly brick in Vakvak Village, completely eliminating the backward production mode of brick factory. After the ecological restoration of the 300-mu brick kiln wasteland, it is now full of fruit trees, and its branches are full of fruitful results.

The beautiful village of Vakvak has already taken on a new look.

　　"The Boguzi River, which originated in the Pamirs, rushed out of the Bozitage Mountain and became a fan-shaped alluvial plain, and Vakvak Village was an oasis by the river." This is an introduction that Xi Kewei came up with to promote the development of rural eco-leisure tourism.

　　Due to the regional environment, Vakvak Village belongs to saline-alkali land, and the fluoride and hardness in tap water are seriously exceeding the standard. In the village, the advantages of power plant water treatment specialty were brought into play, and direct drinking water devices were tailored for primary schools and kindergartens in Vakvak Village, which effectively filtered out all kinds of impurities, bacteria, microorganisms and other harmful substances, and allowed children to drink clean water and safe water.

Vakvak Village Primary School, children are attending physical education class.

　　In the frontier of the motherland, it has become history that "one side of the soil and water can not support one side".

　　On February 25th, 2021, China solemnly declared to the world that China had won an all-round victory in the fight against poverty, and the problem of absolute poverty that had plagued the Chinese nation for thousands of years had been solved historically. The change of Vakvak Village is a vivid footnote in this great history. There are too many such stories in southern Xinjiang.

　　Going online into the clouds, cattle and sheep "walk out" of Pamir.

　　Bayin Kuruti Village, Wuqia County, Kezhou, Xinjiang, is located on an economic artery leading to foreign countries next to National Highway 315 in Pamirs Plateau.

　　12 kilometers is the farthest distance between the pastoral area and the village Committee; 23 kilometers is the distance between the village Committee and the Topa port; 3500-4500 meters, which is the altitude of grassland; There are 208 households with 717 people, which used to be the number of poor households in the village. At that time, there were only 353 households with 1,230 people in the village.

　　In December 2018, 48-year-old Tan Xuan was selected here as the first secretary.

　　Bayin Kuruti village is an animal husbandry village. The grassland is located in a high altitude and cold area with harsh natural conditions. The villagers mainly graze cattle and sheep, and their income level is low. However, cattle and sheep raised in the traditional way are of good quality and few in quantity.

Overlooking Bayin Kuruti village from the mountain.

　　Tan Xuan still remembers eating boiled mutton for the first time. "Boiled in white water, only with salt, without any seasoning, it is very delicious to tear it with your hands." At that time, the idea of "building a brand of Pamirs sheep" came into his mind.

　　Just do it. If there is no transportation channel, look for logistics cooperation; When there was no market, it was promoted to relatives, friends and colleagues through WeChat circle of friends. This post-70s engineering male also tried to shoot a vibrato video and live broadcast with goods.

　　Under the leadership of Tan Xuan, the operation mode of "internet plus Cooperative+Herdsmen" has been gradually established in the village, forming a supply and sales chain integrating online order taking, cooperative supply, intensive processing of slaughterhouses and villagers’ dividends. In the past two years, Kirgiz beef and mutton have sold more than 20 million yuan to more than 20 provinces and cities across the country, and registered its own brand — — "Green Ridge Shepherd".

At that time, Tan Xuan, the first secretary of Bayin Kuruti Village, carried the goods live.

　　In 2019, with the assistance of Huadian, the photovoltaic power station began to operate in Bayin Kuruti village and was successfully connected to the grid, bringing a stable income of 700,000 yuan to the village collective every year.

　　The villagers in Bayin Kuruti village said: "In the past, when we were herding sheep, we lived in a felt house, and life was hard. In the sixties and seventies, we could only use camels for grazing. Now that I have moved to a new house, I can watch TV with water and electricity. "

　　In the fields, the little days of "planting"

　　The lives of ordinary people are always about food, clothing, housing and transportation.

　　Poverty alleviation laid the foundation for rural revitalization, and also stimulated the endogenous motivation of people in poverty-stricken areas to get rid of poverty and become rich.

　　In July 2019, the night market in the village of Arik, Kashidun opened in the cheerful sound of dongbula. The smell of barbecue, mutton offal, yogurt and cold rice noodles came from the nose, and people were buzzing and very lively. The night market is open in front of the house, doing some small business every day, and the villager Mohammad Ming Rouzi is so happy that he keeps smiling.

In the courtyard of a villager in Dun ‘airike village, the vines that grow with the trend are full of vitality.

　　Compared with two years ago, today’s Dunairike village has undergone earth-shaking changes.

　　"Before, there was no kitchen, and a shed was built against the wall. The stove built by laying bricks or stones had no flue, and the whole wall was dark, and firewood was scattered all over the yard. It’s different now. The living, planting and breeding areas are separated, and the life is comfortable and the mood is good. " Mohammad Ming Rouzi’s wife said.

　　Nowadays, walking in Dun ‘airike village, you can see neat anjufang everywhere. The characteristic courtyard economy of "one grape, one border vegetable field and one orchard" is impressive. The old way of life has long been history in the modern civilization of "sitting with a stool, sleeping with a bed, learning to eat with tables and chairs".

　　In 2020, 1,174 poverty-stricken households in Dunairike Village were all lifted out of poverty, with a per capita net income of 12,035 yuan.

In the home of a villager in Dunairike village, the drawing board on the bedside wall is an electric heating board, which can be used as decoration every day and can be heated to keep out the cold in winter.

　　"Jujube+Pomegranate+Vegetable Intercropping" planted the villagers’ dream of getting rich in the fields, which not only met the villagers’ daily demand for vegetables and fruits, but also was one of the important sources of their income. The mode of "enterprise+rural workshop+industrial workers" has solved the employment problem of 70 villagers and effectively utilized the labor force. Dunairike village also relies on local leading enterprises to support villagers to breed pigeons, and the cooperative industry is growing day by day.

　　In the past, a family of five villagers, Mulamu Wupur, had a monthly income of only 1000 yuan. With the help of Chloe Wang, the first secretary of the village, and the paired cadres, Mulamu Wupur found an ideal job in Kashgar Thermal Power Company, while his wife worked in the industrial park. Now their annual income can reach more than 40,000 yuan.

Women in Dun ‘airike Village are employed at their doorsteps, and can receive a monthly salary of not less than 1,800 yuan.

　　On the opening day of the night market, Chloe Wang received a bouquet of flowers specially sent by the Uighur aunt. He said that this was the first time he had received flowers in his life.

　　Everything goes without saying.

　　Eliminating poverty has been the common ideal of mankind since ancient times. In the recorded history, the development of human society has been confined to poverty and its series of problems such as hunger, disease and social conflicts. As the largest developing country, China’s poverty alleviation has an unprecedented scale, the greatest strength and the largest population, which has created a great miracle in the history of human poverty reduction.

　　From poverty alleviation to rural revitalization, the lives of ordinary people have once again stood at a new starting point.

　　In March 2021, after two years in the village, Xi Kewei applied to stay in the village. He told reporters that in the past two years, three comrades in the task force have successively written applications for joining the Party. "They said that they will really realize what communist party is when they retire soon.". (Reporter/Proofread by Sun Xiaoyuan/Song Chunyan)

　　It takes only one day to read the meter for more than 300 thousand households in the city

　　Smart meter reading billing settlement of mobile IOT is efficient and time-saving.

　　Xinxin home community

　　1,236 households have completed meter reading.

　　Connect everything with wisdom in the future.

　　Source: China Mobile Communications Group Co., Ltd.

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