Analysing the notion of ‘Consumer’ in China’s consumer protection law

Abstract

The notion of ‘consumer’ in Article 2 of the People’s Republic of China (PRC)’s Consumer Protection Law has been subject to criticism as it is vague, can be difficult to apply to real-life situations, and is also at odds with the notion of a ‘consumer’ found in other jurisdictions around the world. This article will discuss the Chinese legislative definition of a ‘consumer’ from a comparative perspective before considering how this notion has been applied by the courts, by analysing several guiding cases issued by China’s Supreme People’s Court and judgments in which reasons given in the guiding cases have been subsequently applied. The article will then consider the delicate balance that the courts in China are attempting to strike between encouraging consumer claimants to pursue fraudulent traders and yet discouraging consumers from exploiting the punitive damages provisions of the Consumer Protection Law. Thus, this detailed analysis of the legal notion of a ‘consumer’ in China offers a unique and powerful insight into the wider role of consumers within the Chinese legal system.