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Abstract

The Law on the Protection of Rights and Interests of Consumers in the People’s Republic of China was revised for the first time after 20 years of existence, having the new Consumer Law entered into force on 15 March 2014. As the largest developing country in the world, China has experienced a galloping economic development over the past decades, accompanied by major changes within the form, structure and mentality of consumption. Nevertheless, China’s economic development model has also evidenced a market disorder, which has been historically experienced by many of the transitioning countries. The paper analyses the scenario that has made it imperative to undertake a review of China’s Consumer Law, identifies the main improvements and makes a report on the implementation of the new law. Along with the administrative enforcement, the courts also play an extremely important role in the defence of consumer rights. On July 1 2015, the Shanghai Consumer Council brought a collective action to the 1st Section of the Intermediate People’s Court of Shanghai based on Art. 47 of the new Consumer Law. The new Consumer Law of China has given new rights to consumers and new responsibilities to operators. Although in general it may be said that the new law has obtained positive results for more than a year, the truth is that it still has new challenges ahead. In my view, the latest review of the Consumer Law does not cease to hold shortcomings and room for improvement.

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