Case Concerning Procuratorial Protest over Service Contract Dispute of Yang X vs. Chengdu X Medical Aesthetics Company
(SPP Guiding Case No. 227)
Key words
Supervision of final civil judgments; Medical aesthetics; Consumer fraud; Indivisible goods or services; Base for punitive damages
Summary
In cases involving consumer fraud disputes, if only a portion of the goods or services provided by the operator constitutes fraud, and that fraudulent portion represents the core and critical component of the entire goods or services and is indivisible from the whole, the operator shall bear punitive damages based on the total price of the entire goods or services, rather than solely on the fraudulent portion. Where the people's procuratorates discover that the people's courts have erred in determining the scope of punitive damages in a consumer fraud case, they shall exercise supervision in accordance with the law.
Relevant provisions
Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Articles 200 and 208 of the Civil Procedure Law of the People's Republic of China (Rev. 2017, now Articles 211 and 219 in Rev. 2023)
Article 90 of the Rules for the Supervision of Civil Proceedings by the People's Procuratorates
