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No. 2 of Fifth Group of Five Model Cases Involving the "Belt and Road" Initiative Issued by the Supreme People's Court: Solving the Problem of Cross-border Appraisal and Escorting Enterprises in Participating in the "Belt and Road" Initiative — Beijing Xiaocheng Technology Co., Ltd. v. Jiangsu Zhonghuan Enterprise Management Co., Ltd. (Case of Dispute over a Sales Contract)
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最高人民法院发布第五批5起涉“一带一路”建设典型案例之二：北京晓程科技股份有限公司与江苏中环企业管理有限公司买卖合同纠纷案——破解跨境鉴定难题 护航企业投入“一带一路”建设
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【法宝引证码】
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- Legal document：
Judgment
- Judgment date：
01-07-2025
- Procedural status：
Trial at Second Instance
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| No. 2 of Fifth Group of Five Model Cases Involving the "Belt and Road" Initiative Issued by the Supreme People's Court: Solving the Problem of Cross-border Appraisal and Escorting Enterprises in Participating in the "Belt and Road" Initiative | | 最高人民法院发布第五批5起涉“一带一路”建设典型案例之二：北京晓程科技股份有限公司与江苏中环企业管理有限公司买卖合同纠纷案 |
| — Beijing Xiaocheng Technology Co., Ltd. v. Jiangsu Zhonghuan Enterprise Management Co., Ltd. (Case of Dispute over a Sales Contract) | | ——破解跨境鉴定难题 护航企业投入“一带一路”建设 |
| [Basic Facts] | | 【基本案情】 |
| In 2014, Beijing Xiaocheng Technology Co., Ltd. (hereinafter referred to as "Xiaocheng Company") purchased photovoltaic modules from Jiangsu Zhonghuan Enterprise Management Co., Ltd. (hereinafter referred to as "Zhonghuan Company") and installed them in a power station invested and built by the Company in the Republic of Ghana, Africa. Since the grid-connected power generation capacity did not meet the specified standards, Xiaocheng Company deemed that the photovoltaic modules provided by Zhonghuan Company were of substandard quality, it filed a lawsuit with the Fourth Intermediate People's Court of Beijing Municipality, claiming that Zhonghuan Company should return the payment for goods and pay liquidated damages and compensate for its economic losses. During the litigation, both parties had a major dispute over whether there were quality problems with the photovoltaic modules and the causes. Under the organization of the Court, a cross-border judicial appraisal was conducted on 8,099 pieces of the modules involved. | | 2014年，北京晓程科技股份有限公司（以下简称晓程公司）从江苏中环企业管理有限公司（以下简称中环公司）处购买光伏组件，安装于其投资建设的位于非洲加纳共和国的某发电站内。因并网发电后功率不达标，晓程公司认为对方提供的光伏组件质量不合格，遂向北京市第四中级人民法院提起诉讼，要求中环公司退还货款并支付违约金、赔偿经济损失。诉讼中双方就光伏组件是否存在质量问题以及成因存在较大争议，故在法院组织下对案涉8099块组件进行了跨境司法鉴定。 |
| [Judgment] | | 【裁判结果】 |
| After trial, the Fourth Intermediate People's Court of Beijing Municipality held that with regard to the appraisal method, after 8,099 pieces of photovoltaic modules were included in the scope of appraisal, it was almost impossible to appraise each module one by one objectively because the scope of appraisal was too large, the site was located abroad, and the environment was too complex. After consultation with both parties and the appraisal institution, the Court finally chose to adopt an appraisal method combining overseas on-site inspection with domestic laboratory appraisal and using the quality of partial modules for inferring the overall quality level. | | 北京市第四中级人民法院经审理认为，关于鉴定方式，在明确8099块光伏组件为鉴定范围后，因鉴定范围过大、现场位于境外且环境过于复杂，如对组件一一进行鉴定，客观上几乎无法完成。法院经与双方当事人及鉴定机构共同协商，最终选择采用了境外现场检测与国内实验室鉴定相结合、以部分推及整体质量水平的鉴定方式。 |
| ．．．．．． | | ．．．．．． |
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