China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Releases Typical Cases of National Consumer’s Rights Protection(2021-2022)

Thu, 08 Jun 2023
Categories: China Legal Trends

On World Consumer Rights Day, 15 Mar. 2023, China Consumers Association (CCA) released “Ten Typical Judicial Cases of National Consumers Rights Protection” in 2021-2022.

In one of the cases, the court held that, in e-commerce, consumers’ ratings and reviews on merchants based on comprehensive factors such as whether the goods or services themselves are consistent with the description of the online shop and the seller’s service attitude are subjective to a certain extent and the words may be relatively fierce or even unfair. Still, as long as they are not to maliciously discredit the business reputation, “negative feedback” by consumers is not insulting and defamatory and generally does not constitute infringement.

In another case where Amazon was sued by a consumer, the court held that a standard choice of forum clause (jurisdiction clause) provided by Amazon excludes the jurisdiction of the consumer’s domicile, and deprives the consumer of the right to choose the place of litigation, thereby unreasonably restricting the consumer’s rights. Therefore, such a jurisdiction clause was null and void.

 

 

Cover Photo by Peijia Li on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Releases Typical Cases of Private Fund Crimes

In December 2023, China's Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP) jointly released five typical cases of private fund crimes, aiming to establish uniform standards for handling such crimes nationwide and combatting criminal activities within the private fund sector.

SPC Releases IP Guiding Cases

In December 2023, China’s Supreme People's Court issued its 39th batch of guiding cases focused on intellectual property rights, covering various aspects such as IPR infringement disputes, patent ownership, and copyright ownership.

SPC Releases Judicial Interpretation on Contract Law

In December 2023, China's Supreme People's Court issued a judicial interpretation on the Contract section of the Civil Code, aimed at guiding courts in adjudicating disputes and ensuring nationwide consistency in application.

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.