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Who are Protected by the Consumers’ Rights and Interests Protection Act? A Critique on the Current Statutory Definition of “Consumer” 《消费者权益保护法》保护谁——对现行“消费者”法律定义的批评性分析

Abstract
“Consumer” is originally an economic rather than legal concept. Legislatives are struggling in legally defining “consumer”. China’s Consumers’ Rights and Interests Protection Act does not clearly define “consumer”, which results in enormous problems in judicial practice and law enforcement, since its enactment 20 years ago. The recent 2nd Amendment introduced some break through mechanisms, but the fundamental issue of legally defining “consumer” was completely untouched. Based on a comparison of the legal definitions of “consumer” adopted in some developed and developing countries or regions, and on the critical analysis of the status quo of defining “consumer” in China, this paper proposes on how “consumer” should be legally defined. A draft definition is also proposed and submitted accordingly.
Type
Journal Article
Type of thesis
Series
Citation
Liao, Z. (2016). Who are Protected by the Consumers’ Rights and Interests Protection Act? A Critique on the Current Statutory Definition of “Consumer”. SISU Law Review, 2, 118–133.
Date
2016
Publisher
Shanghai Joint Publishing Co 上海三联书店
Degree
Supervisors
Rights
This is an author’s accepted version of an article published in the journal: SISU Law Review. Used with permission.