Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Public Interest Litigation Cases

Announcement of the Supreme People's Court of the People's Republic of China

The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Public Interest Litigation Cases Related to Consumption" was adopted at the 1677th meeting of the Judicial Committee of the Supreme People's Court on February 1, 2016, and is hereby promulgated, effective from May 1, 2016.

Supreme People's Court

April 24, 2016

In order to correctly adjudicate civil public interest litigation cases related to consumption, this interpretation is formulated in accordance with the provisions of the "Civil Procedure Law of the People's Republic of China", "Tort Liability Law of the People's Republic of China", "Consumer Rights Protection Law of the People's Republic of China", and other laws, combined with judicial practice.

　　Article 1The China Consumers Association and consumer associations established in provinces, autonomous regions, and municipalities directly under the central government may file civil public interest litigation related to consumption against operators who infringe upon the legitimate rights and interests of numerous unspecified consumers or engage in acts that endanger the personal and property safety of consumers, thereby harming social public interests, which shall apply to this interpretation.

Civil public interest litigation related to consumption filed by legally authorized agencies and social organizations as stipulated by law or authorized by the National People's Congress and its Standing Committee shall apply to this interpretation.

　　Article 2If the goods or services provided by the operator fall under any of the following circumstances, the provisions of Article 47 of the Consumer Rights Protection Law shall apply:

(1) The goods or services provided have defects that infringe upon the legitimate rights and interests of numerous unspecified consumers;

(2) The goods or services provided may endanger the personal and property safety of consumers, without making true explanations and clear warnings, and without indicating the correct methods for using the goods or receiving services and methods to prevent harm; making false or misleading claims about the quality, performance, purpose, validity period, and other information of the goods or services;

(3) There are dangers to the personal and property safety of consumers in business premises such as hotels, shopping malls, restaurants, banks, airports, stations, ports, cinemas, scenic spots, and entertainment venues;

(4) Using standard terms, notices, statements, in-store announcements, etc., to make unfair and unreasonable provisions that exclude or limit consumer rights, reduce or exempt operator liability, or increase consumer liability;

(5) Other acts that infringe upon the legitimate rights and interests of numerous unspecified consumers or endanger the personal and property safety of consumers, thereby harming social public interests.

　　Article 3The jurisdiction of civil public interest litigation cases related to consumption shall apply to the relevant provisions of Article 285 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China".

With the approval of the Supreme People's Court, the High People's Court may determine that some Intermediate People's Courts in its jurisdiction accept first-instance civil public interest litigation cases related to consumption based on the actual situation in the jurisdiction.

　　Article 4To file a civil public interest litigation related to consumption, the following materials shall be submitted:

(1) A complaint that meets the provisions of Article 121 of the Civil Procedure Law, with copies submitted according to the number of defendants;

(2) Preliminary evidence that the defendant's actions infringe upon the legitimate rights and interests of numerous unspecified consumers or endanger the personal and property safety of consumers, thereby harming social public interests;

(3) Proof materials that the consumer organization has fulfilled its public welfare responsibilities in accordance with the provisions of Article 37, items 4 or 5 of the Consumer Rights Protection Law.

　　Article 5If the People's Court believes that the plaintiff's claims are insufficient to protect social public interests, it may clarify to the plaintiff to change or add claims such as stopping the infringement.

　　Article 6After the People's Court accepts civil public interest litigation cases related to consumption, it shall announce the acceptance of the case and inform the relevant administrative authorities in writing within ten days from the date of filing.

　　Article 7After the People's Court accepts civil public interest litigation cases related to consumption, other agencies or social organizations that have the right to file a lawsuit may apply to participate in the litigation before the first-instance hearing.

If the People's Court permits participation in the litigation, they shall be listed as co-plaintiffs; applications submitted after the deadline shall not be permitted.

　　Article 8Agencies or social organizations that have the right to file civil public interest litigation related to consumption may apply for evidence preservation in accordance with the provisions of Article 81 of the Civil Procedure Law.

　　Article 9After the People's Court accepts civil public interest litigation cases related to consumption, if consumers who have been harmed by the same infringement apply to participate in the litigation, the People's Court shall inform them to assert their rights in accordance with the provisions of Article 119 of the Civil Procedure Law.

　　Article 10After the acceptance of civil public interest litigation cases related to consumption, if consumers who have been harmed by the same infringement request to suspend the litigation they have filed in accordance with Article 119 of the Civil Procedure Law, the People's Court may permit it.

　　Article 11During the trial of civil public interest litigation cases related to consumption, if the defendant files a counterclaim, the People's Court shall not accept it.

　　Article 12If the plaintiff admits to facts unfavorable to themselves during the litigation, and the People's Court believes it harms social public interests, it shall not be recognized.

　　Article 13If the plaintiff requests the defendant to bear civil liability such as stopping the infringement, eliminating obstacles, eliminating dangers, and apologizing in civil public interest litigation cases, the People's Court may support it.

If the operator uses standard terms or notices, statements, in-store announcements, etc., to exclude or limit consumer rights, reduce or exempt operator liability, or increase consumer liability, and the plaintiff believes such claims are unfair and unreasonable, the People's Court may support it.

　　Article 14After the judgment in civil public interest litigation cases related to consumption takes effect, the People's Court shall inform the relevant administrative authorities in writing within ten days and may issue judicial recommendations.

　　Article 15After the judgment in civil public interest litigation cases related to consumption takes legal effect, if other agencies or social organizations that have the right to be plaintiffs file another civil public interest litigation related to the same infringement, the People's Court shall not accept it.

　　Article 16For the facts determined by the effective judgment of consumer civil public interest litigation, consumers who have suffered damage due to the same tortious act may file a lawsuit in accordance with Article 119 of the Civil Procedure Law, and neither the plaintiff nor the defendant needs to provide evidence. However, this does not apply if the parties dispute the fact and have sufficient contrary evidence to overturn it.

In consumer civil public interest litigation, if the effective judgment determines that the operator has engaged in illegal behavior, consumers who have suffered damage due to the same tortious act may file a lawsuit in accordance with Article 119 of the Civil Procedure Law. If the plaintiff claims applicability, the people's court may support it, except where the defendant has sufficient contrary evidence to overturn it. If the defendant claims direct applicability of a favorable determination, the people's court will not support it, and the defendant still bears the corresponding burden of proof.

　　Article 17If the plaintiff incurs reasonable expenses for taking preventive measures, handling measures to stop the infringement, eliminate obstacles, or eliminate danger, and requests the defendant to bear these expenses, the people's court may support this request.

　　Article 18The reasonable expenses incurred by the plaintiff and their litigation agents for investigating and collecting evidence of the tortious act, appraisal fees, and reasonable attorney fees may be supported by the people's court based on the actual situation.

　　Article 19This interpretation shall come into effect on May 1, 2016.

For new first-instance cases accepted by the people's court after the implementation of this interpretation, this interpretation shall apply.

First-instance and second-instance cases that have been accepted by the people's court before the implementation of this interpretation and have not been concluded after its implementation, as well as cases that have been finalized before the implementation of this interpretation and for which the parties apply for retrial or decide to retrial according to the trial supervision procedure after its implementation, shall not apply this interpretation.