16. 第 16 章

Here is the English translation of the text appearing in the images. The images appear to be multiple screenshots of the same PDF document (and its overlapping sections), so the translation below consolidates them into a single, coherent academic paper excerpt.

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Title: The Functional Expansion of China's Consumer Protection Law in the Era of Scenario Consumption

Author: Shi Chunfeng

Institution: China Law Society

Abstract:

Scenario consumption reconstructs the traditional legal relationships of consumption, leading to a "structural failure" in consumer protection. This disruption compels the transformation of consumer protection from "tilted (pro-consumer) regulation" to "capacity enhancement."

Main Content:

In the era of scenario consumption, the reliance on algorithmic decision-making by market entities has given rise to a new "black box." The asymmetry of information and power between consumers and operators has been further exacerbated, resulting in a structural imbalance and a severe disconnect between the protective mechanisms of existing law and the reality of consumer rights protection. Consequently, the traditional regulatory model of consumer protection law—which primarily relies on tilting the law in favor of consumers ex-ante (through standard-form contract regulation, etc.) and providing remedies ex-post—is facing significant structural challenges in countering algorithmic exploitation and protecting consumers' rights and interests.

First, the traditional consumer protection model no longer fully accommodates the technological complexity of the digital era. In the past, the consumer protection legal system was largely centered around the statutory rights to know, choose, and fair dealing within a "brick-and-mortar" consumption environment. Today, however, the transaction environment has shifted from physical stores to digital platforms, and the decision-making subjects have shifted from consumers themselves to algorithmic systems. This "algorithmic black box" not only restricts consumer choices but also deepens information asymmetry, making consumers highly vulnerable in an algorithmic consumption environment. More critically, the traditional regulatory approach of consumer protection law is fundamentally flawed when confronting algorithm-driven exploitation. For example, while the right to know can demand that operators disclose standardized contract terms, it is insufficient to address the dynamic pricing algorithms hidden in the "black box." Similarly, the right to choose cannot effectively combat algorithmic inducements and discrimination.

Second, the regulatory logic of consumer protection law needs to transition from "substantive justice" to "procedural justice." In traditional regulation, to address the power imbalance between consumers and businesses, the law often imposes obligations or specific duties on operators—such as requiring compliance with standard terms and disclosing information. However, this model fails in the algorithmic environment because, unlike traditional enterprises, algorithms do not have intrinsic legal will, and their decision-making logic is opaque. Therefore, a crucial missing link in the current consumer protection system is the consumer's inability to know or access the algorithmic decision-making process. This means that to protect consumer rights, the law must move beyond simply affirming consumer rights ex-post and instead focus on regulating the substantive operation of algorithms ex-ante. This requires that the information operators must disclose extend to i