Author China Legal Portal Editorial · ReviewerShihe Xu · Last reviewed · 2 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities
At a glance
Product Liability: typical process stages
Four high-level stages — details and local variations are in the guide below.
1RiskDefect & chain of supply
2EvidenceTesting, notices, recalls
3ClaimsConsumer & B2B exposure
4ResolveSettlement or litigation
City hubs
Local guides & lawyers
Drill into city × practice hubs where available, or open the city legal market guide.
Ordinary defects are Art. 24: repair, replace, or refund. Fraud needs (1) false statement or material omission, (2) materiality to the purchase, (3) reliance/causation. Concealment counts (SPC Guiding Case No. 17 — “new car” with hidden pre-delivery repair). After 2024, courts curb high-volume commercial claiming by tying punitive damages to reasonable personal consumption — but they still refund non-compliant goods.
At-a-glance: two civil routes
Art. 24 quality
Art. 55 fraud
Mental state
Not required
Intentional misrep or concealment
Remedy
Repair / replace / refund
3× price (min. 500)
Defence focus
Performance, use, modification
No deception; no reliance; not a consumer
Scope / legal framework
CPL Art. 55. Fraudulent consumer transactions: triple purchase price, not less than RMB 500.
SPC Guiding Case No. 17 (Zhang v. Beijing Auto). Concealing material repair history that drives the purchase is fraud.
Practical workflow
Preserve pre-sale chats, images, and shipping records (knowledge of the condition kills “mistaken belief”).
In the answer period, pull China Judgement Online history for templated volume suits.
Plead: not a consumer acting for personal needs; no deception; alternatively Art. 24 only.
Still offer statutory refund if the SKU is non-compliant.
Common mistakes
CS writing “we admit fraud.”
Ignoring plaintiff serial-litigation evidence.
Thinking a professional claimant loses even on unsafe food — they may still get FSL 148.
Action checklist
☐ Evidence pack per order
☐ Litigation-history exhibit template
☐ Four-layer answer (see 12315 chapter)
Source register · primary authorities and verification
Sources & trust
How to use this guide
PRC Consumer Protection Law and Implementation Regulations; Food Safety Law Art. 148; Advertising Law Arts 4, 9, 28, 55; Anti-Unfair Competition Law Arts 8, 20; E-Commerce Law Arts 15, 19, 21; PIPL; Law on the Choice of Law for Foreign-Related Civil Relationships Art. 42; Civil Code Arts 1202–1203; Administrative Penalty Law Arts 32–33; SPC food/drug punitive interpretation (2024) Art. 8; SPC Fa Shi [2024] No. 4; SPC Guiding Cases 17 and 23; Criminal Law Art. 274. Confirm current official texts.
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Is “I knew it was fake and bought anyway” always a defence?
It undercuts reliance for Art. 55. It does not legalise unsafe food. Separate the statutes.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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