Chinese Professional Consumers at 30: The Rise and Impending Fall

This paper introduces a unique phenomenon with a distinctive Chinese regulatory approach. Since 1994, the Consumer Rights Protection Law has afforded consumers the right to seek punitive damages in instances of fraudulent practices. This has given rise to a special profession with Chinese characteri...

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Main Authors: Yi Lu, Herwig C.H. Hofmann, Felix Pflücke
Format: Article
Language:English
Published: Cambridge University Press 2025-03-01
Series:European Journal of Risk Regulation
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S1867299X24000667/type/journal_article
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author Yi Lu
Herwig C.H. Hofmann
Felix Pflücke
author_facet Yi Lu
Herwig C.H. Hofmann
Felix Pflücke
author_sort Yi Lu
collection DOAJ
description This paper introduces a unique phenomenon with a distinctive Chinese regulatory approach. Since 1994, the Consumer Rights Protection Law has afforded consumers the right to seek punitive damages in instances of fraudulent practices. This has given rise to a special profession with Chinese characteristics: professional consumers. Their status as enigmatic figures is a consequence of the fluctuating stance of public authorities. Thirty years of consistent inconsistency has been a rarity in China’s legislative history. The year 2024 marks the 30th anniversary of the enactment of the CRPL, China’s Consumer Rights Protection Law and the birth of its implementing regulation. It is an opportune moment to reassess the regulatory system that enabled this group and reconstruct it for the future. This paper presents a comprehensive regulatory review of the emergence, growth, and projected decline of professional consumers. It examines the reasons for this long-standing regulatory inconsistency through a detailed investigation of China’s legal system. It concludes by projecting two upcoming legal positions. The first is the transformation under the state’s co-governance strategy. The second is the displacement by procuratorial public interest litigation. Although seemingly contradictory, these two positions exemplify a distinctive Chinese approach to the co-governance strategy, which is characterized by the preponderance of public authority.
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spelling doaj-art-bd2f9f17f92143169edaf76fdcfa24af2025-08-20T13:03:13ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-82492025-03-011629432210.1017/err.2024.66Chinese Professional Consumers at 30: The Rise and Impending FallYi Lu0https://orcid.org/0009-0007-8025-2732Herwig C.H. HofmannFelix PflückePeking University, School of Transnational Law, Shenzhen, ChinaThis paper introduces a unique phenomenon with a distinctive Chinese regulatory approach. Since 1994, the Consumer Rights Protection Law has afforded consumers the right to seek punitive damages in instances of fraudulent practices. This has given rise to a special profession with Chinese characteristics: professional consumers. Their status as enigmatic figures is a consequence of the fluctuating stance of public authorities. Thirty years of consistent inconsistency has been a rarity in China’s legislative history. The year 2024 marks the 30th anniversary of the enactment of the CRPL, China’s Consumer Rights Protection Law and the birth of its implementing regulation. It is an opportune moment to reassess the regulatory system that enabled this group and reconstruct it for the future. This paper presents a comprehensive regulatory review of the emergence, growth, and projected decline of professional consumers. It examines the reasons for this long-standing regulatory inconsistency through a detailed investigation of China’s legal system. It concludes by projecting two upcoming legal positions. The first is the transformation under the state’s co-governance strategy. The second is the displacement by procuratorial public interest litigation. Although seemingly contradictory, these two positions exemplify a distinctive Chinese approach to the co-governance strategy, which is characterized by the preponderance of public authority.https://www.cambridge.org/core/product/identifier/S1867299X24000667/type/journal_articleconsumer protectionprofessional consumerspunitive damagesdepartmentalizationco-governance
spellingShingle Yi Lu
Herwig C.H. Hofmann
Felix Pflücke
Chinese Professional Consumers at 30: The Rise and Impending Fall
European Journal of Risk Regulation
consumer protection
professional consumers
punitive damages
departmentalization
co-governance
title Chinese Professional Consumers at 30: The Rise and Impending Fall
title_full Chinese Professional Consumers at 30: The Rise and Impending Fall
title_fullStr Chinese Professional Consumers at 30: The Rise and Impending Fall
title_full_unstemmed Chinese Professional Consumers at 30: The Rise and Impending Fall
title_short Chinese Professional Consumers at 30: The Rise and Impending Fall
title_sort chinese professional consumers at 30 the rise and impending fall
topic consumer protection
professional consumers
punitive damages
departmentalization
co-governance
url https://www.cambridge.org/core/product/identifier/S1867299X24000667/type/journal_article
work_keys_str_mv AT yilu chineseprofessionalconsumersat30theriseandimpendingfall
AT herwigchhofmann chineseprofessionalconsumersat30theriseandimpendingfall
AT felixpflucke chineseprofessionalconsumersat30theriseandimpendingfall