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

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.