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National Practice Guide · L3

China 12315 and SAMR Consumer Dispute Response SOP

CCA mediation and a 12315/SAMR report are different legal animals. Withdrawal ends one and not the other.

28+lawyer profiles listed
Updated13 Aug 2026
AudienceForeign businesses & individuals
Author China Law List Editorial · Reviewer China Law List Research Desk · 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.

  1. RiskDefect & chain of supply
  2. EvidenceTesting, notices, recalls
  3. ClaimsConsumer & B2B exposure
  4. ResolveSettlement or litigation
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Direct answer

CCA handles non-coercive mediation and will not take B2B, private casual sales, expired-warranty, or matters already in court/arbitration (1995 complaint rules). A SAMR/NMPA/web-authority report starts a statutory investigation that continues after the consumer withdraws. Field notes you sign are formal admissions and can be subpoenaed into civil court. Escalate to a single legal contact at hour 0.

Route comparison

CCA / civil complaint12315 / SAMR
NatureVoluntary mediationPublic-law investigation
WithdrawalUsually ends processDoes not bind the agency
Staff speechEvidence in later suitPlus inspection record admissions

Scope / legal framework

Hearings and defence evidence for significant fines or licence risks: Administrative Penalty Law. Food/drug overlays: NMPA. Four-layer civil defence applies once a complaint becomes a statement of claim.

SOP timeline

  1. Hour 0: freeze CS scripts; legal/external counsel only.
  2. Hour 24: inventory lot, chats, listing screenshots; do not sign 笔录 until every fact line is verified.
  3. Hour 72: written defence, hearing request if the proposed penalty is material, parallel civil hold.

Annotated inspection record

Before signature check:
• SKU / lot / quantity seized — match warehouse system
• “Operator admitted defect/fraud” — strike if untrue
• Sampling chain of custody
• Blank lines lined through
• Counsel present; copy retained

Four-layer civil defence

  1. Confirm undisputed transaction facts (date, SKU, price, delivery).
  2. Rebut disputed facts (no misleading statement; buyer modification).
  3. Legal characterisation (defect ≠ fraud; no 10×; plaintiff not a consumer).
  4. Alternative remedies (repair / replace / unused refund) to show good faith.

Common mistakes

  • Store manager signing a narrative they did not read.
  • Paying to “close 12315” and assuming the file is dead.

Action checklist

  • ☐ Escalation tree posted in stores
  • ☐ Counsel on-call roster
  • ☐ 笔录 review checklist laminated
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.

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.

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.

Should we refuse to sign inspection notes?

Do not refuse blindly — annotate disagreements, correct facts, then sign. An unsigned chaotic visit is worse than a corrected record.

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