Bill Sharing | April Case Law Selection (2025)

44th Batch of Guiding Cases of the Supreme People's Court

(Issued by the Supreme People's Court on March 12, 2025)

• Guiding Case No. 248: Jin Mou et al. Case of Organizing Prostitution

• Guiding Case No. 249: Changchun Mouze Investment Co., Ltd. v. Dehui City Mou Seed Farm et al. Financial Loan Contract Dispute Case

• Guiding Case No. 250: Lixin County Mouda Financing Guarantee Co., Ltd. v. Anhui Mou'an Construction Group Co., Ltd., Lixin County Mouting Real Estate Co., Ltd. Third Party Rescission Case

Top Ten Typical Cases of Administrative Litigation Involving Market Access

(Issued by the Supreme People's Court on March 13, 2025)

• Shandong Zhongmou Gas Company v. Zhangqiu District Administrative Approval Service Bureau of Jinan City Administrative License Case

• Hunan Province Huarong County Changmou Cotton Professional Cooperative v. Huarong County Market Supervision and Administration Bureau Administrative License Case

• Jiangsu Province Rugao City Xingmou Gas Station v. Nantong City Commerce Bureau Administrative License Case

• Hubei Province Yichang City Jiaomou Group Passenger Transport Co., Ltd. v. Changyang Tujia Autonomous County Transportation Bureau Administrative License Case

• Xinjiang Uygur Autonomous Region Shenmou Environmental Technology Company v. Xinjiang Production and Construction Corps Sixth Division Wujiaqu City Finance Bureau Administrative Handling Decision Case

• Jiangsu Province Kunshan Hongmou Concrete Co., Ltd. v. Kunshan Municipal Housing and Urban-Rural Construction Bureau Restriction on Production and Operation Activities and Review of Normative Documents Case

• Anhui Province Chunmou Automobile Sales Company v. Mengcheng County Market Supervision and Administration Bureau Administrative License Case

• Guangdong Province Yangjiang City Yangdong District Tongmou Internet Cafe v. Yangdong District Culture, Radio, Television, Tourism and Sports Bureau Refusal to Grant Administrative License Case

• Limou (China) Investment Co., Ltd. v. Shanghai Municipal Market Supervision and Administration Bureau, State Market Supervision and Administration General Administration Correction Notice and Administrative Reconsideration Case

• Wanmou Palace (Hunan) Entertainment Co., Ltd. v. Changsha Municipal Market Supervision and Administration Bureau Administrative Ruling Case

Typical Cases of Litigation Services and Multi-Party Dispute Resolution for Persons with Disabilities

(Issued by the Supreme People's Court and the China Disabled Persons' Federation on March 7, 2025)

• Wang Sisters v. Certain Unit Labor Contract Dispute Mediation Case—“1+N” Multi-Party Linkage Resolution of Disputes Infringing on the Labor Rights and Interests of Persons with Disabilities

• Dong Mou v. Certain Education Company Education and Training Contract Dispute Mediation Case—“Court + Disabled Persons' Federation” Linkage Resolution of Disputes Involving Education and Training Refunds for Persons with Disabilities

• Chen Mou v. Certain Exhibition Hall Tort Liability Dispute Mediation Case—Multi-Party Collaborative Resolution of Tort Liability Disputes Involving Accidental Injuries to Persons with Disabilities

• Zheng Mou v. Zhao Mou Civil Loan Dispute Mediation Case—Court Works with Disabled Persons' Federation to “Silently” Resolve Civil Loan Disputes Involving Persons with Disabilities

• Zhang Mou v. Wang Mou Civil Loan Dispute Mediation Case—Barrier-Free Litigation Services Assist in Resolving Civil Loan Disputes Involving Persons with Disabilities

• Shang Mou v. Certain Property Management Company Property Service Contract Dispute Mediation Case—Barrier-Free Litigation Services Assist in Properly Resolving Property Service Contract Disputes Involving Persons with Disabilities

Typical Cases of Public Interest Litigation for Consumer Rights Protection

(Issued by the Supreme People's Procuratorate and the China Consumers Association on March 12, 2025)

• Shanghai Municipal Consumer Rights Protection Committee v. Shanghai Certain E-commerce Co., Ltd. Illegal Sale of Non-National Standard E-cigarettes Infringing on Consumers' Legitimate Rights and Interests Civil Public Interest Litigation Case

• Sichuan Provincial Consumer Rights Protection Committee v. Sun Moumou, Liu Moumou Production and Sale of Substandard Fertilizers Harming Farmers' Consumers' Legitimate Rights and Interests Civil Public Interest Litigation Case

• Changzhou Municipal People's Procuratorate of Jiangsu Province v. Nanjing Certain Biotechnology Co., Ltd., Chen Moumou Consumer Fraud Civil Public Interest Litigation Case

• Huangshi Municipal People's Procuratorate of Hubei Province v. Certain Hospital Excessive Medical Treatment Infringing on the Legitimate Rights and Interests of Numerous Consumers Civil Public Interest Litigation Case

• Beijing Chaoyang District People's Procuratorate Supervision and Regulation of Single-Purpose Prepaid Card Management Administrative Public Interest Litigation Case

• Hebei Province Langfang City Procuratorate Supervision and Rectification of Illegal Acts in Hemodialysis Medical Treatment Administrative Public Interest Litigation Case

• Zhejiang Province Cixi City People's Procuratorate Supervision and Rectification of Food Safety Hazards Caused by Counterfeit Food in Take-out Catering Administrative Public Interest Litigation Case

• Shandong Province Qingdao City Procuratorate Supervision and Regulation of Commercial Information Placement on Express Service Station Collection Code Receipts Administrative Public Interest Litigation Case

• Henan Province Changyuan City People's Procuratorate Supervision and Rectification of Illegal Issues in Medical Beauty Administrative Public Interest Litigation Case

• Public interest litigation case concerning the supervision and rectification of agricultural product quality and safety hazards in wholesale markets by the Xixiu District People's Procuratorate of Anshun City, Guizhou Province

 Typical Cases Involving Prepaid Consumption

(Issued by the Supreme People's Court on March 14, 2025)

• If a training institution unilaterally changes the training location, causing significant inconvenience to the consumer, the consumer has the right to terminate the contract—Huang Mou v. Chongqing Company Education Training Contract Dispute Case

• In time-based prepaid consumption contracts terminated due to the operator's closure, the refund amount should be determined based on the actual unfulfilled period—Bai Mou v. Li Mou Service Contract Dispute Case

• If the operator breaches the contract, leading to the termination of the prepaid consumption contract, the price of the services provided should be calculated according to the preferential plan stipulated in the contract—Zhang Mou v. Fitness Company Service Contract Dispute Case

• If the operator fails to provide evidence to prove the quantity and price of the services provided, the people's court may make a determination based on the consumer's claim and the case facts—Yang Mou v. Health Management Company Service Contract Dispute Case

• If a "professional store closure person" cancels a company with false materials, they should bear civil liability to consumers according to the law—Wang Mou v. Xue Mou Liquidation Liability Dispute Case

• If a "professional store closure person" induces consumers to recharge with fraudulent intent, constituting a crime, criminal responsibility should be investigated according to the law—Zheng Mou Shun et al. Fraud Case

Second Batch of Typical Cases of Service Guarantee for Free Trade Zone Construction

(Issued by the Supreme People's Court on March 18, 2025)

• An airline company and Jin Mou Company air cargo transportation contract dispute case

• Chongqing branch of a property insurance company and Yu Mou Real Estate Company, etc., subrogation right dispute case

• Ding Mou International Trade Company and a cross-border e-commerce platform network service contract dispute case

• Heilongjiang Gong Mou Company and Suzhou Ken Mou Company contract dispute case

• Wang Mou, Feng Mou Mou and Qiu Mou Mou, Liu Mou, etc., contract dispute case

 Typical Cases of Judicial Protection of Plant Variety Rights by People's Courts (Fifth Batch)

(Issued by the Supreme People's Court on March 20, 2025)

• "Gangyou 188" rice plant new variety infringement case [Gang Mou Seed Company and Chongqing Nong Mou Seed Company, Lei Mou infringement of plant variety rights dispute]

• "Sailute" apple plant new variety temporary protection period usage fee and infringement case [Ying Mou International Company and You Mou Agricultural Company temporary protection period usage fee and infringement of plant variety rights dispute]

• "Tianshan Xiangyun" rose plant new variety infringement case [Xinjiang Hua Mou Technology Company and Xinjiang Mou Seedling Farm infringement of plant variety rights dispute]

• "Jinjing 818" rice plant new variety infringement case [Jiangsu Jin Mou Seed Company and Xuzhou Di Mou Agricultural Materials Company, Zhao Mou, Zhao Moubao infringement of plant variety rights dispute]

• "Hongyunlai" fruit vine plant new variety infringement case [Shanghai Mou Plant Company and Guangzhou Mou Agricultural Science Company infringement of plant variety rights dispute]

• "Jingnuo 6" corn plant new variety infringement case [Beijing Mou Breeding Company and Guangxi Mou Seed Company, Shenzhen Mou Seed Company, Mou Seed Shop infringement of plant variety rights dispute]

• "Xianyu 508" corn plant new variety infringement case [Shandong Mou Seed Company and Shanxi Mou Agricultural Company, Qixian Mou Distribution Department infringement of plant variety rights dispute]

• "Bainong 207" wheat plant new variety infringement case [Hua Mou Seed Company and Feng Mou Seed Company, Tang Mou Shop infringement of plant variety rights dispute]

• "Qihuang 34" soybean plant new variety infringement case [Shandong Sheng Mou Seed Company and Qingdao Li Mou Professional Cooperative, Geng Mou infringement of plant variety rights dispute]

• "You 6019" soybean plant new variety infringement case [Henan Xu Mou Seed Company and Henan Hua Mou Seed Company, Xin Mou Agricultural Materials Business Department, Ming Mou Agricultural Materials Business Department infringement of plant variety rights dispute]

• "LEXTEEWS" and other rose plant new variety infringement cases [Dutch Group Company, Ai Mou Agricultural Company and Lanzhou Mou Agricultural Science and Technology Company infringement of plant variety rights dispute]

• Case involving "hand-torn pineapple" planting contract [Hainan Feng Mou Fruit Industry Company and Ye Mou fixed planting contract dispute]

• Case involving unfair competition involving the name of a well-known breeder [Agricultural High-tech Company and Wan Mou Group Company, Jiangxi Wan Mou Real Estate Company unfair competition dispute]

• "FL218" corn plant new variety invalidity case [Guizhou Hui Mou Seed Company and the Plant Variety Re-examination Committee of the Ministry of Agriculture and Rural Affairs, Hubei Kang Mou Seed Company plant variety rights invalidity administrative dispute]

• Case involving the crime of infringing on trade secrets of "Quanyou 822" rice plant new variety