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.
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.
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.
Left: withdrawal can end mediation. Right: investigation continues; evidence leaks into civil cases.
Route comparison
CCA / civil complaint
12315 / SAMR
Nature
Voluntary mediation
Public-law investigation
Withdrawal
Usually ends process
Does not bind the agency
Staff speech
Evidence in later suit
Plus 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.
Rebut disputed facts (no misleading statement; buyer modification).
Legal characterisation (defect ≠ fraud; no 10×; plaintiff not a consumer).
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.
Directory
Verified Product Liability lawyers
China-based listings shown first. Browse lawyer profiles for product liability, then request legal help.