Is the college entrance examination paper evidence of the wine case? It's true! Court Believes in Wine | Food Safety | Court
On June 7th, the annual college entrance examination kicked off. Do you know that college entrance examination papers can also be used as evidence in court.
In a product liability dispute involving wine and food safety in Ningxia at the end of last year, the plaintiff submitted a "2010 National Unified Examination Paper for Higher Education Enrollment" as evidence, which included a material question about grape cultivation and wine making.
The first instance verdict of the case shows that the court accepted this evidence.
The plaintiff sued for ten times compensation of over 93000 yuan
Submit the college entrance examination paper as evidence
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It is understood that in August and September 2021, Liu purchased 16 bottles of liqueur wine produced by a liquor company in Gansu from an online store. Liu believes that according to national standards, liqueur wine is a blended beverage wine made from fermented wine as the base and added with substances such as white sugar. And the ingredients of the products it purchases must include ingredients that are blended and modulated, but the raw materials of the product only indicate "grapes, sulfur dioxide", concealing the ingredients, and the wine contains sucrose.
He believes that the liqueur wine does not meet the mandatory obligations set by food safety standards and national standards. Therefore, he sued a liquor company in Gansu to the People's Court of Yongning County, Ningxia Hui Autonomous Region, demanding that the other party refund more than 9300 yuan of the purchase price and pay ten times the compensation of more than 93000 yuan.
Regarding the litigation claim, Liu submitted a series of evidence to the court, including a 2010 National Unified Examination Paper for Higher Education Admissions. The 36th question of this exam involves grape cultivation and wine making. The material for the question includes: "The higher the sugar content of grapes, the higher the alcohol content of the wine produced... The highest alcohol content of high-quality wine in the world is made from grapes produced in and around the region.".
Liu hopes to prove that the highest alcohol content of wine is only 16.2 degrees, while the defendant's product is 18 degrees.
In addition, Liu also submitted a higher education textbook "Modern Wine Technology" as evidence, which states on page 188 that "if the sugar content of grape mash is high, the natural alcohol content of wine can reach 16%, but this situation is rare because yeast will stop activity at this alcohol concentration."
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The college entrance examination paper was accepted by the court
Lawyer: Those who meet the "three qualities" can be used as evidence
According to the judgment in the case, the People's Court of Yongning County accepted some evidence, including this college entrance examination paper.
However, the court held that although the raw materials for Likou wine in this case only labeled "grapes, food additives" and did not include all the ingredients for Likou wine, there were flaws on the label, but it was not an unsafe food, and the labeling would not mislead consumers. The plaintiff also did not provide evidence to prove that they suffered damage due to drinking the alcohol, so their claim was not supported, and the plaintiff Liu's lawsuit was rejected.
According to Article 150 of the Food Safety Law of the People's Republic of China, food safety refers to food that is non-toxic, harmless, meets the necessary nutritional requirements, and does not cause any acute, subacute, or chronic harm to human health.
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Article 26 stipulates that food safety standards shall include the following contents: requirements for labeling, labeling, and instructions related to hygiene, nutrition, and other food safety requirements.
Article 67 stipulates that there should be labels on the packaging of pre packaged food. The label should indicate the following: ingredient or ingredient list.
Lawyer Xu Xudong from Jiangsu Yicheng Law Firm stated that the college entrance examination paper has authority, and the scientific and technical knowledge involved in the questions are mature and repeatedly verified through practice. Therefore, as long as they meet the three requirements of authenticity, legality, and relevance, they can be used as documentary evidence for the parties in court and adopted by the court.