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Fines are administrative penalties. If the person is a first-time offender, and his mouth is small, and he has not drunk much, he must admit his mistake to law enforcement officials and shake the remaining juice in time. According to Article 33 of the Administrative Penalty Law, he may be exempt from punishment. In addition, since Article 29 of the “Administrative Punishment Law” stipulates the principle of “no more punishment for one thing”, it is boldly predicted that long straws will become popular. The reason is very simple, a box of 12 bottles of juice will be punished 12 times for sucking 12 mouthfuls, and only one punishment for sucking 12 bottles in a mouthful. At the same time, Article 30 of the “Administrative Punishment Law” clearly stipulates that if a minor under the age of fourteen commits an illegal act, no administrative penalty shall be imposed, and the guardian shall be ordered to be disciplined. Therefore, we must be wary of illegal parents who use their children under the age of 14 to break the law and pass on juice. In addition, we must also pay attention to the procedural legitimacy of law enforcement. According to Articles 51 and 52 of the “Administrative Punishment Law”, a fine of 50 yuan is imposed on an individual, which is an administrative penalty of “below 200 yuan”. Law enforcement officers can apply summary procedures to make a penalty decision on the spot and serve the penalty decision. book”. The parties may require law enforcement officers to produce law enforcement certificates and carefully check whether the “Punishment Decision Letter” contains the following elements: the types of administrative penalties for the party’s illegal acts in a predetermined format and a serial number, and the application for administrative reconsideration and administrative filing based on the amount, time and location of the fine The method and time limit of litigation The signature or seal of the law enforcement officer of the name of the administrative agency If the above elements are not met, the law enforcement is illegal, and administrative reconsideration or administrative litigation must be filed in a timely manner. 50 yuan is also money. Since the illegal act of “not shaking the juice” is relatively hidden, it is more difficult to supervise. In addition, at home or alone, the behavior of “drinking the juice without shaking” is not known to a third person, and the impact of good customs and social concepts is less, and the social harm is slight. Therefore, it is recommended that legislators limit the behavior of “not shaking the juice” to “public places” and only penalize the behavior when it is public. Under the guidance of this legislative spirit, the dissemination of videos of “drinking the juice without shaking” should also be included in the scope of administrative punishment to achieve a self-consistent system.


By zhiwo

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8 months ago

As a law teacher, let me answer. First, the conclusion is that the law will lose its ability as a tool of governance, no longer possess authority, and become a dead letter. Then the public will doubt the rationality and seriousness of legislation, and thus lose trust in the rule of law and continue to choose the rule of man. There is a proverb in law: The law ignores trivial matters. If the law stipulates that all juices must be shaken first, we must first think about whose interests are protected by this law? That is, the issue of value measurement in legislation. Obviously, it is definitely not a consumer. Consumers enjoy the freedom of consumption. I can drink the juice I buy myself as I want. Secondly, are the rights of business owners? It must not be. If this legislation is passed, the public may not buy or buy less fruit juice drinks in order to avoid being fined. This will have a catastrophic impact on enterprises. Who will benefit in the end? Obviously, this is a draconian law. Although the matters it stipulates are very simple, it has broken the boundaries of law and morality, and even civil liberties. If you are not a law student and you don’t understand what I’m talking about, let me give you an example: your father told you to eat 30 mouthfuls every time you eat, and you will be beaten if you eat too much or if you eat less. Do you think it is reasonable?

8 months ago

My name is Suiyong. Today’s weather is too hot. The office was like a steamer in the morning, consuming everyone’s vitality, everyone was listless, so now I’m off work I want to buy a bottle of Coke, take a drink, get a bottle, sweep Code, payment, screw cap, all-you-can-drink…comfortable, hahahaha, suddenly, someone who doesn’t know where came out “Don’t move! You didn’t shake it before drinking, please pay a fine of 50 yuan!” “I shook it, How do you know that I didn’t shake it?” “Nonsense, I have drunk Coke for so many years! Who would shake it before drinking?” “Wait, wait, isn’t that a fruit drink that the law says?” “Yes, who made you? The lime Coke you bought?”

8 months ago

I saw that some people answered that there would be juice drinks with automatic shake function, and some people were worried that the juice industry would cross stores. In fact, it is unnecessary. What is a “juice drink” is clearly stipulated in the national standard, which is mainly determined based on the percentage of juice content. According to the national standard I found, if the juice content is 100%, it can be directly labeled as juice; if it is between 5 and 10%, it is also a “fruit drink.” The so-called “juice beverages” in the national standard specifically refer to beverages with a juice content of 10% or more. It can be seen that manufacturers do not need to bother with the automatic shake function to increase costs, nor do they need to worry about not being able to use it. As long as the product type is reasonably determined in accordance with the national standard, the legal requirement for “juice drinks” can be bypassed. The big deal, all future products will have a concentration of 9%, which is a “fruit drink” instead of a “juice drink”. Naturally, there is no need to shake it forcibly. Isn’t it beautiful?

8 months ago

A beverage container with its own shake function will be available soon. Make sure that every bottle of beverage you buy is shaken when you buy it. Various versions of this kind of container are expected. For example, with infrared detection. Only when you feel someone walking nearby will you shake it to save electricity. There are also containers with heating and cooling functions. At the same time, all salespersons will develop the habit of shaking the drink. If you forget to shake the drink at the checkout, the supermarket will transfer 100 yuan at a time. After doing so many things, a bottle of drink is not expensive for 2 yuan, right?

8 months ago

It won’t be much. Because it is difficult to implement. Who is the one because the standard is unknown, how to shake it? When I walk around with a drink, is it a shake if I shake it with my steps? How many shakes? Shake it? ? When opening the lid, is it counted as the beverage shakes when the lid is opened? Is shaking my body before drinking it as a shake? How to define before drinking? Before opening the cap, or after opening the cap and before the mouth touches the beverage bottle? What about the one poured out to drink? What about drinking with a straw? Shake every bite? Is it considered drinking to take a sip and throw it back? There is also the question of supervision, who will supervise and shake it? How to supervise, comprehensive inspection or random inspection? Is there a seconding relief procedure? Who does the fines go to? A legal system that cannot be implemented is a piece of waste paper. The law is really not that simple

8 months ago

I thought about this brain hole for a while, except for the milk and fruit juice in my life, there is no such thing, so how much money do I have to pay! ! ! Poor people can’t afford to pay for it. One day, I fell in love with a drink. It noted that you should not shake it and drink it directly. I haven’t figured it out yet, so I started shaking my hand and then opened it and took a sip “Puff”. ! ! I read the operating instructions carefully. It said don’t shake it otherwise it would be difficult to drink. Before I was accustomed to not shaking it, I was fined 50 yuan. In order not to fine me, I did my duty and I did not expect to suffer myself. In the future, my cola and various carbonated drinks seem to be a little more fun, although not the fun I want

8 months ago

I am afraid that this law is not easy to operate! Shake it before drinking. Which department will supervise it? Is it necessary for the state to set up a special “Shake Supervision Bureau”? Is there a requirement for the amplitude of the swing? Is it necessary to swing more than 10 degrees left and right to meet the standard, or must a full 360 degrees surround? Is there a hard requirement for the number of shakes, is it enough to shake, or do I have to shake it until my hands are numb? For special groups who have no hands, can they be exempted from “shaking servitude” or fines? If I happen to buy carbonated beverages such as Sprite and Coke, do I need to shake it until it sprays naturally or does it foam? If the purchaser and the drinker are not the same person, if the purchaser has already shaken it once, let the drinker shake it again. Is it suspected of “repeating the shake”? So I deeply suspect that your question is giving fruit oranges. The drink is advertised, hehe, then I’m not welcome! Fruit oranges, each of the sunshine oranges produced in Florida is selected, through the deep extraction technology of the whole orange, we are committed to preserving the nutrients in the oranges. It also blends into the full sun pulp. Before drinking, shake it!

8 months ago

It means that you and I will have no freedom. Even the life behavior of drinking juice is regulated by law, then I think you can no longer be the master of your life. In addition to the law stipulating that all fruit juice drinks must be shaken first, the law will also stipulate that when you get up in the morning, you must stretch N times to get up, otherwise you must be fined with your left foot when you get out of bed, or you must get a fine of 50. When brushing your teeth, you must brush for 3 minutes. Otherwise, you must wash your face counterclockwise when you are fined 50. When you wash your face, you must not squat for more than 5 minutes (for constipation patients can extend 3~5 minutes), otherwise you will be fined. When you wipe your buttocks at fifty, you must wipe it with your left hand. The tissue should not exceed five knots. Otherwise, you must wear your left foot when you wear shoes and socks. Otherwise, you must sit upright when watching TV, and you must not lie down. Otherwise, the maximum fine of 50 is not more than 60 minutes when using the mobile phone. Otherwise, the light must be turned on while lying down and playing with the mobile phone at 50. Otherwise, the fine is 50…At that time, the Chinese government will become the richest government in the world.

8 months ago

Not invited. Because this topic is completely within my range. First of all, we need to think about a question, whether the law can require us to shake a fruit juice drink. In fact, from a macro perspective, an important role of the law is the guiding and normative role, that is, the law can stipulate what people can and cannot do, to guide people to choose their own behavior, and at the same time allow people to have some legal consequences for their behavior. prediction. So from this level that we can be asked to do something. The law can indeed require that we drink fruit juice drinks must be shaken. Then consider another question. Why does the law require us to shake the juice when we drink it? The formulation of the law must be for the distribution of certain benefits and the conversion of benefits into rights and obligations attributable to both parties in the relationship. This law will undoubtedly increase the obligations of consumers first, but who does it give more benefits? First of all, it will definitely not be the juice manufacturer, because after the consumer behavior is completed, whether it is shaken or not, it has nothing to do with the manufacturer’s increase in sales. Instead, it will make consumers reduce the purchase of juice drinks in order to avoid legal risks. Then the only possible beneficiary is the government that imposes fines. However, in such an obviously legal relationship between producers and consumers, neither side will increase benefits, but the state machinery will benefit from it. This law is unreasonable. Finally, if this law is effectively implemented to exclude public opinion, then the implementation of the law will be a big problem. Among the millions of juice drinks sold every day, it is a big problem to monitor whether these consumers shake it. If a person turns off the light and drinks a bottle of drink secretly without shaking it before going to bed, it is difficult for law enforcement agencies to know this. Even if you really want to accuse the person of not shaking, it is difficult to produce evidence to prove it. If this law is really to be implemented, then the current juice drink bottles will definitely not work. A real-name certified juice drink bottle that can sense external shaking can be developed. Consumers must conduct real-name certification after buying it. , If the bottle is not shaken when drinking, and the bottle does not sense the shaking, it will directly report to the relevant department. Then the problem comes again, bottle development is a problem; secondly, the cost of the bottle will also rise a lot; we must also prevent the innocent people from being wronged for technical reasons; and in the long run, there will be fewer and fewer people drinking juice drinks. Who wants to drink a bottle of juice is still so troublesome. In summary, although the law can regulate people’s behavior, the formulation of the law is not arbitrary and must take into account the distribution of interests, the need for justice and the possibility of implementation. At the same time, the law, as a bottom-line norm for adjusting the society, must not stretch one’s hands too long, and must have its restraint. Shaking it before drinking the juice will not violate morality. If it rises to the law, it may exist in the brain.

8 months ago

Um… there are probably the following influences. 1. In some places, if this regulation is strictly implemented, fiscal revenue will skyrocket in a short period of time and then return to normal. However, other areas that have not strictly implemented fines will not be affected. 2. The sales of fruit juices on the market have been severely affected. All fruit juice manufacturers urgently replaced the packaging and used a particularly eye-catching slogan to remind “shake before drinking”, but it is still difficult to restore the previous sales. At the same time, the carbon dioxide drink had to follow up, and the package clearly said “Never shake”! Drinks containing both juice and carbon dioxide have almost disappeared on the market. 3. The number of people who choose fruit juice as a drink in public is obviously reduced, and everyone likes to drink fruit juice at home. A batch of fresh juice shops closed down. The rest of the freshly squeezed shops provide shaking services. 4. A large number of administrative lawsuits began to appear, as to whether to shake before drinking, just shake it once, or shake it more, whether to shake it every sip, or shake it before opening the bottle, disputes arise and the legal profession cannot be unified. Some manufacturers even played a side ball, announcing that “we have shaken every bottle of juice.” Finally, the Supreme Law issued a judicial interpretation, which unified the number of shaking and the time difference between shaking and drinking. 5. Traffic stars began to show on TV, teaching everyone the correct way to shake juice, and cooperating with cool videos of various poses to catch a wave of popularity. 6. Public accounts such as Husk and Dingxiang Doctor began to publish popular science articles, the difference between fruit juice shake and non-shaking, and suggestions for not shaking it. 7. New rumors have begun to emerge. Two of the most popular rumors are “Shake is a conspiracy by the American emperor, which will cause nutritional damage to the juice, and the American emperor will destroy the Chinese heart.” and “Shake is for destruction.” The conspiracy of the U.S. emperor is to ensure the nutrition of the juice, and the U.S. emperor will never die.” The two rumors were tit-for-tat, and finally the latter gradually occupied the market.

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