Announcement of the Supreme People's Court on Seeking Public Comments on the Interpretations on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment)
Announcement of the Supreme People's Court on Seeking Public Comments on the Interpretations on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment)
Announcement of the Supreme People's Court on Seeking Public Comments on the Interpretations on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment)
November 11, 2019
In order to correctly apply the Food Safety Law of the People's Republic of China, resolve the new situation and new problems arising in the judicial practice after the implementation of the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Dispute Cases Relating to Food and Drugs, and unify the judgment standards, the Supreme People's Court has drafted the Interpretations on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment). In order to further improve the judicial interpretations so that they are better in line with the legislative intent and better protect the health and safety of the people, public comments are hereby sought through the Supreme People's Court's official network, the Chinese court network, and the People's Court Daily. People from all walks of life are welcome to enthusiastically provide comments and suggestions. Specific comments on revisions may be sent in writing or by email, and please provide specific reasons at the time of making suggestions. Written comments may be sent by post to Zhao Yali of Civil Tribunal No.1 of the Supreme People's Court at 27 Dongjiaomin Lane, Dongcheng District, Beijing Municipality, 100745 or by email to zgfy19@163.com by December 10, 2019.
The Announcement is hereby given!
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment)
The Interpretations are formulated in accordance with the Food Safety Law of the People's Republic of China, the Law on the Protection of Consumer Rights and Interests, the Tort Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and in combination with trial practice, in order to correctly hear cases involving disputes over food safety, protect the health and safety of the public, and standardize the order of the food market.
I. Subjects Subject to Food Safety Civil Liability
Article 1 [Scope of the first-asking responsibility system]
[Scheme 1] Where a consumer is damaged by food that does not meet food safety standards, the consumer may institute an action to require the producer or the seller to compensate losses in accordance with Paragraph 1 of Article 148 of the Food Safety Law. If such producer or seller claims exemption from liability on the grounds that the seller or the producer shall be liable for compensation, the people's court shall not support such claim. If the compensation falls within the producer's responsibility, the seller has the right to recover losses from the producer after paying the compensation; if the compensation falls within the seller's responsibility, the producer has the right to recover losses from the seller after paying the compensation.
[Scheme 2] Where a consumer is damaged by food that does not meet food safety standards, the consumer may institute an action to require the producer or the seller to compensate losses or bear the liability for punitive damages in accordance with Article 148 of the Food Safety Law.
......
November 11, 2019
In order to correctly apply the Food Safety Law of the People's Republic of China, resolve the new situation and new problems arising in the judicial practice after the implementation of the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Dispute Cases Relating to Food and Drugs, and unify the judgment standards, the Supreme People's Court has drafted the Interpretations on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment). In order to further improve the judicial interpretations so that they are better in line with the legislative intent and better protect the health and safety of the people, public comments are hereby sought through the Supreme People's Court's official network, the Chinese court network, and the People's Court Daily. People from all walks of life are welcome to enthusiastically provide comments and suggestions. Specific comments on revisions may be sent in writing or by email, and please provide specific reasons at the time of making suggestions. Written comments may be sent by post to Zhao Yali of Civil Tribunal No.1 of the Supreme People's Court at 27 Dongjiaomin Lane, Dongcheng District, Beijing Municipality, 100745 or by email to zgfy19@163.com by December 10, 2019.
The Announcement is hereby given!
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (Draft for Comment)
The Interpretations are formulated in accordance with the Food Safety Law of the People's Republic of China, the Law on the Protection of Consumer Rights and Interests, the Tort Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and in combination with trial practice, in order to correctly hear cases involving disputes over food safety, protect the health and safety of the public, and standardize the order of the food market.
I. Subjects Subject to Food Safety Civil Liability
Article 1 [Scope of the first-asking responsibility system]
[Scheme 1] Where a consumer is damaged by food that does not meet food safety standards, the consumer may institute an action to require the producer or the seller to compensate losses in accordance with Paragraph 1 of Article 148 of the Food Safety Law. If such producer or seller claims exemption from liability on the grounds that the seller or the producer shall be liable for compensation, the people's court shall not support such claim. If the compensation falls within the producer's responsibility, the seller has the right to recover losses from the producer after paying the compensation; if the compensation falls within the seller's responsibility, the producer has the right to recover losses from the seller after paying the compensation.
[Scheme 2] Where a consumer is damaged by food that does not meet food safety standards, the consumer may institute an action to require the producer or the seller to compensate losses or bear the liability for punitive damages in accordance with Article 148 of the Food Safety Law.
......