Legal analysis of the definition of “consumer” in the context of Chinese law

Abstract

Ensuring the consumer’s interest is one of the basic tenets of the market economy and legal regulation of consumer relations, and therefore, it is necessary to properly consolidate the conceptual framework in consumer law, including in China. Therefore, the purpose of the article was to define the essence of the concept of “consumer” in general and as an element of consumer protection, to analyse it under Chinese law, and to formulate discursive provisions and applied conclusions aimed at improving Chinese and Ukrainian consumer law. The main results of the study were the identification of the existing approaches to the interpretation of the concept of “consumer” and the characterization of the theoretical and applied foundations of the existing legal framework for the definition of “consumer”. It was substantiated that the current Chinese legislation enshrines a narrow concept of “consumer”, defining it as an individual who purchases or uses goods or receives services in order to meet his/her daily needs. It has been previously proved that a consumer should be considered a natural person who purchases a product or service for personal use or consumption, without the purpose of their further sale. The author analysed the socio-legal development of the concept of “consumer” in the People’s Republic of China in the context of individualization processes, and establishes that there are different types of consumers depending on their legal status and consumer needs. The author described examples from the national case law concerning the legal construction and interpretation of the definition of “consumer”. It is substantiated that regular updating of legislation on consumers and their status will stimulate more effective protection of consumer rights and increase the degree of responsibility in consumer legal relations. It was concluded that the formation of the consumer protection institute in Chinese legislation should be consistent with the level of development of market relations, and should take into account practical experience and international standards in the relevant area