Abstract
There are disputes on the legal acceptance of occupational claims and the risk of occupational claim spoiling business environment is skyrocketing. How to manage the risk of occupational claims in the business environment is the subject of urgent research, especially COVID-19 is ravaging the world and the risk of economic crisis is increasing dramatically. In this study, we collected 1784 cases of food occupational claims from the Chinese legal documents website. Using Excel, Review Manager 5.0 and SPSS 19.0, the number of cases prosecuted as “consumers” were obtained by means of textual analysis, and the development process was directly influenced by occupational claims, with 2017 as a great value point (watershed); the rate of losing occupational claim cases has been climbing since 2018; and the risk of losing occupational claims is higher than that of true meaningful consumer advocacy cases (Z = 6.99, p < 0.001), and in 2019, the risk of losing a case was 33.34 times higher than that of an ordinary consumer. The proportion of occupational claims in the total number of food safety disputes is positively correlated with official protective behavior; the failure rate of occupational claims is positively correlated with official regulatory behavior. The results show that occupational claims are being reexamined by society; the continued rise in the number of unsuccessful occupational claims cases indicates a lack of regulatory guidance for their profit-making behavior, the existence of malicious reporting complaints against business behavior, damage to the business environment, and a certain lack of legality. Therefore, it is proposed that laws and regulations should be in line with international standards, highlight the legal thinking and the concept of the rule of law, return to the original legislative intent, and build a five-in-one mechanism of “consumers, operators, media, government, and justice” to coordinate the management of occupational claims, crack down on occupational claims, and contribute to the creation of a good business environment.
Highlights
Jiangjie Sun,1,2 Yufei Gao,2 Xueli Jiang,2 Yan Li,3 Mengyao Yang,3 Ziyan Zhao,3 Hangzhou Yang,3 and Jinliang You 4
31, 2019, and the number of lawsuits initiated by occupational claimants was as high as 1,530, accounting for 85.76% of the food safety lawsuits
It is proposed that laws and regulations should be in line with international standards, highlight the legal thinking and the concept of the rule of law, return to the original legislative intent, refer to the Shanghai model, multisectoral linkage, and build a five-in-one mechanism of “consumers, operators, media, government, and justice” to coordinate the management of occupational claims and to crack down on extortion and abuse of the right to file complaints in the process of occupational claims and contribute to the creation of a good business environment
Summary
Jiangjie Sun ,1,2 Yufei Gao, Xueli Jiang, Yan Li, Mengyao Yang, Ziyan Zhao, Hangzhou Yang, and Jinliang You 4. E results show that occupational claims are being reexamined by society; the continued rise in the number of unsuccessful occupational claims cases indicates a lack of regulatory guidance for their profit-making behavior, the existence of malicious reporting complaints against business behavior, damage to the business environment, and a certain lack of legality. In 1994, it was introduced into China, forming the punitive provision of Article 49, “return one to compensate one,” of the Law on the Protection of the Rights and Interests of Consumers, and the occupational claims represented by “Case of Wang Hai” were inaugurated in China. E revision of the Law on the Protection of the Rights and Interests of Consumers, which explicitly provides for “3 times compensation,” and the Food Safety Law, which provides for “10 times compensation,” had further boosted the wave of occupational claims [6]. According to the disclosure of Shanghai Municipal Administration of Industry and Commerce, the number of occupational claims cases increased by an average of 364% per year between 2013 and 2016. e huge increase in the number of occupational claims cases due to the interestdriven punitive damages led to a sudden increase in the number of occupational claims complaints from the grassroots administration and occupational claims disputes in the courts, resulting in a serious waste of administrative resources and an imbalance between administrative costs and benefits
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