Where a consumer has purchased food that does not conform to food safety standards, and demands that the seller or the producer pay damages ten times the price [of the food] in accordance with provisions in the food safety law [1] or compensate [the consumer] in accordance with other compensation standards prescribed by law, the people’s court should support [the consumer], regardless of whether, at the time of purchase, the consumer already knew that the food did not conform to safety standards. Related Legal Rule(s). On May 1, 2012, plaintiff SUN Yinshan (孙银山) purchased 15 packs of “Yutu Brand” sausages at defendant Nanjing Auchan Hypermarket Co., Ltd. Jiangning Store (南京欧尚超市有限公司江宁店) [2] ([hereinafter] referred to as “Auchan Hypermarket Jiangning Store”). The quality assurance period [3] of 14 packs of those sausages, priced at RMB 558.6, had already expired. Immediately after paying [for the sausages] at the cashier, SUN Yinshan went directly to the service desk to claim compensation. Afterward, because negotiations failed, [SUN Yinshan] brought suit in court, demanding that Auchan Hypermarket Jiangning Store pay damages in the amount of RMB 5,586, ten times the price of the 14 packs of sausages. Results of the Adjudication. On September 10, 2012, the Jiangning District People’s Court of Nanjing Municipality, Jiangsu Province, rendered the (2012) Jiang Ning Kai Min Chu Zi No. 646 Civil Judgment: [the court orders] defendant Auchan Hypermarket Jiangning Store to pay plaintiff Sun Yinshan compensation in the amount of RMB 5,586 within ten days of the judgment’s coming into legal effect. After the judgment was pronounced, neither party appealed. The judgment has already come into legal effect. [4] Reasons for the Adjudication. Guiding Case No. Guiding Case No. Download Now. Table of Contents. The China Guiding Cases Project endeavors to keep the information up to date and. Click here to download. Previous Next. CASE NO: 23/2012 – MAKHWANAZI VS SABC1 – CHILDREN. CLICK TO VIEW FULL JUDGMENT Case-No-23-2012. Case Metadata: Case Number: Civil Case No. 23 of 2006: Parties: Beatrice Chelangat Rop & another v Housing Finance Company of Kenya Ltd: Date Delivered. Case No 23- Insurance Co of North America v. Asian Terminals - Download as Word Doc (.doc /.docx), PDF File (.pdf), Text File (.txt) or read online. Transportation law. In the effective judgment, the court opined: On the issue of whether plaintiff SUN Yinshan was a consumer [as defined by law]. Article 2 of the Law of the People’s Republic of China on Protection of Consumer Rights and Interests provides: Where, for the purpose of [meeting] the consumption needs of [daily] life, consumers purchase and use commodities or receive services, their rights and interests are protected by this Law. [Areas] that are not provided for in this Law are protected by other related laws and regulations.[5] The concept of “consumer” is relative to [the concepts of] “seller” and “producer”. * The citation of this translation of the Guiding Case is: 《孙银山诉南京欧尚超市有限公司江宁店买卖合同纠纷案》( SUN Yinshan v. Nanjing Auchan Hypermarket Co., Ltd. Jiangning Store, A Sale and Purchase Contract Dispute), China Guiding Cases Project, English Guiding Case (EGC23), April 4, 2014 Edition, available at This document was primarily prepared by W.A. Heaton, Oma Lee, MAI Caiyao, Thomas Rimmer, Michael Schmale, and WEI Ting. The document was finalized by Ted Karch, Jordan Corrente Beck, Dimitri Phillips, and Dr. Minor editing, such as splitting long paragraphs, adding a few words included in square brackets, and boldfacing the headings to correspond with those boldfaced in the original Chinese version, was done to make the piece more comprehensible to readers. The following text, otherwise, is a direct translation of the original text and reflects formatting of the Chinese document released by the Supreme People’s Court. The following Guiding Case was discussed and passed by the Adjudication Committee of the Supreme People’s Court of the People’s Republic of China and was released on January 26, 2014, available at See also《最高人民法院关于发布第六批指导性案例的通知》 ( The Supreme People’s Court’s Notice Concerning the Release of the Sixth Batch of Guiding Cases), Jan. 26, 2014, available at [1] Translators’ note: the term “食品安全法” (“food safety law”) as used here likely refers to 《中华人民共和国食品安全法》 ( Food Safety Law of the People’s Republic of China). See 《中华人民共和国食品安全法》 ( Food Safety Law of the People’s Republic of China), promulgated on Feb. 28, 2009 and effective as of June 1, 2009, available at [2] Translators’ note: the name “南京欧尚超市有限公司” is translated here as “Nanjing Auchan Hypermarket Co., Ltd.” in accordance with the translation used on the company’s website,. [3] Translators’ note: the term “保质期” (“quality assurance period”) is defined by law as “the period of time during which pre-packaged food subjected to the storage conditions specified on the label can maintain its quality” (“预包装食品在标签指明的贮存条件下保持品质的期限”). Food Safety Law of the People’s Republic of China, supra note 1, art. [4] Translators’ note: the original text reads “判决已发生法律效力”. According to Article 155 of the Civil Procedure Law of the People’s Republic of China, judgments and rulings that “have already come into legal effect” are judgments and rulings of the Supreme People’s Court as well as judgments and rulings which, according to law, may not be appealed or which have not been appealed within the prescribed time limit. See 《中华人民共和国民事诉讼法》 ( Civil Procedure Law of the People’s Republic of China), promulgated on Apr. 9, 1991, amended on Oct. 28, 2007 and Aug. 31, 2012, available. [5] Translators’ note: the original text reads “本法未作规定的,受其他有关法律、法规保护”. This sentence is unclear and prompts one to wonder how “other related laws and regulations” can cover all of the areas that are not covered by this law. [6] Translators’ note: the term “消费者权益保护法” (“law on protection of consumer rights and interests”) likely refers to 《中华人民共和国消费者权益保护法》 ( Law of the People’s Republic of China on Protection of Consumer Rights and Interests). See 《中华人民共和国消费者权益保护法》 ( Law of the People’s Republic of China on Protection of Consumer Rights and Interests), promulgated on Oct. 31, 1993, amended on Aug. 27, 2009 and Oct. 25, 2013, available at http://npc.people.com.cn/n/2013/1028/c3525.html.
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