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Author	Ms Hongshan DUAN
Organisation/Institution	Beijing Foreign Studies University
Country	CHINA
Panel	Criminal Law
Title	Criminal Liability of "Business Shutdown Enforcers": A Comparative Study on Emerging Legal Accountability Challenges in China and Beyond
Abstract	The rise of "Business Shutdown Enforcers" (职业闭店人) in China—a profession where individuals are tasked with forcibly closing businesses, often through coercive or borderline illegal methods—poses distinct challenges to Chinese criminal law. While civil remedies provide some regulatory mechanisms, the absence of criminal law responses highlights gaps in addressing coercive practices that exploit legal grey areas. This paper examines these gaps within China’s criminal law framework, focusing on whether and how existing provisions, such as those related to extortion, property damage, or unlawful interference, can be applied to regulate such behavior. To contextualize these challenges globally, the paper explores analogous examples from other jurisdictions. Aggressive debt collection practices in the United States and United Kingdom, often criticized for skirting the boundaries of legality, reveal similar accountability gaps. Protection rackets managed by organized crime groups such as the Mafia in Italy or the Yakuza in Japan further highlight the harm caused by coercive practices that destabilize businesses and communities. In South Korea, extrajudicial business disruptions during labor disputes exemplify the legal tensions between economic interests and enforcement. These examples demonstrate a shared international struggle to regulate unconventional professions operating in legal grey zones. This paper argues that criminal law must evolve to address such emerging accountability challenges, particularly in cases where existing provisions fail to capture the full scope of harm caused by these professions. By analyzing regulatory approaches across jurisdictions, this study provides a framework for developing more robust legal mechanisms, not only in China but in other countries facing similar issues. In doing so, it offers insights into how criminal law can adapt to meet the needs of an evolving society.
Biography	Hongshan Duan is the youngest Ph.D. candidate at Beijing Foreign Studies University Law School, where she is supervised by Professor Wenhua Wang. She holds a Master of Laws from the University of Sydney and a Bachelor of Laws from Beijing Wuzi University, graduating with honors and a minor in Business English. With academic and professional experiences spanning China and Australia, she brings a unique cross-cultural perspective to her research and academic endeavors. Her scholarly interests include criminal law, public international law, international organizations, legal education, and the extradition legal framework in China, a topic she has explored through collaborative research with her supervisor. She is particularly drawn to using comparative methodologies to examine the intersections between domestic and international legal systems, contributing nuanced insights to her field. Her ability to navigate different legal cultures is further reflected in her publication on the interactions between United Nations organs and international law. Beyond her academic pursuits, Hongshan has extensive experience in educational development, particularly through Model United Nations initiatives, where she has led curriculum design, collaborated with international institutions, and guided students in exploring complex global issues. These experiences highlight her dedication to fostering international legal literacy and academic excellence. As a young scholar with a strong interdisciplinary background, Hongshan is committed to contributing to the advancement of legal theory and practice while promoting innovation in legal education and cross-cultural collaboration.