Enforcing Consumer Claims in China: Public Interest Litigation, Internet Courts and other Mechanisms

Abstract

The legal regime on consumer protection is relatively new in China and focuses strongly on state supervision: Contracts between private parties are subject to a control mechanism overseen by administrative authorities, and the procurator supervises the procedural execution of civil law claims. There are three legal mechanisms for enforcing consumers claims (individual actions, representative actions and public interest litigation) as well as one special branch of courts (the Internet Courts). The newly established possibility to file claims with the Internet Courts has the potential to attract many consumers, taking into account the importance of online shopping in the present-day Chinese economy. However, if the creation of the Internet Courts was done by Chinese lawmakers also for the purpose of introducing a new venue for mass litigation, the question arises whether this will be successful.