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  Civil Liability of Administrative Authority


On September 16, 2005, Li Gang, a Doctor, purchased several “Le Tian” xylitol gums on which there are marks certificated by “National Committee for Oral Health” in the marketplace operated by Beijing “Jia He Wu Mei” Business Limited Comapany.


On September 26, 2005, Chao Yang People’s Court refused to accept the case in which Li Gang was against Le tian Company, Jia He Wu Mei Company and Health Ministry, for court thought the Health Ministry should be regarded as party in the civil lawsuit.


On September 26, 2005, the original defendant “Health Ministry” was changed into “National Committee for Oral Health” , and finally this case was accepted in the West City People’s Court.


On November 22, 2005, the West City People’s Court judged that this case should be transferred to Chao Yang People’s Court.


On February 16, 2006, Chao Yang Court announced that this case would be tried on February 23. Li Gang submitted the application for adding Health Ministry to the defendants.


On July 14, 2006, Chao Yang People’s Court tried this case.


Court’s opinion: According to the Chinese laws relating to this case, the civil cases that court may accept are those concerning disputes among civilians, legal persons, and other organizations as a equal party on property relationship and body relationship. Through the investigations, “National National Committee for Oral Health” is a specialist-consulting organization operated by Health Ministry and have not qualification for independently assuming liabilities. The legal consequence caused by the civil activities of “National Committee for Oral Health”should be attributed to Health Ministry that established and supervised it. However, in this case, Le Tian Company consigned “National Committee for Oral Health” to certificate the quality of “Le Tian” gums, and then Le Tian Company accepted “the certificated mark” and began to sell the gums with certificated mark to consumers. Because the above things are all done by Le Tian Company, there does not exist a direct relation concerning civil rights and obligations between National National Committee for Oral Health and Li Gang. Li Gang, as a consumer of Le Tian gums, could not bring a lawsuit against National Committee for Oral Health for the reasons that his civil rights were invaded. As to the claims of Li Gang on the illegal certifications of National Committee for Oral Health, and on the failure of fulfilling the supervision obligation by Health Ministry, they are included in the administrative supervision categories, and therefore, it won’t be accepted. If plaintiff has any objections, he can appeal to the other remedy methods.


Judge refused the lawsuit that Li Gang was against Health Ministry of the People’s Republic of China in the court.



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