The Definition And Regulation Of Consumer Discrimination On The Anti-Unfair Competition Law

Today,market economy competition has become increasingly fierce. To distinguish consumers and to give consumers different treatments of different has become a common phenomenon for operators.There are not only legitimate acts,but also unfair acts.Legitimate act is in favor of the operators to improve their efficiencies and meets the consumer's personal demand.Unfair act would undermine the fair market order and damage the legitimate rights and interests of other operators and consumers.The latter was referred to as "consumer discrimination".In view of the dangers of consumer discrimination and lack of legal regulation,we should research the definition and regulation of consumer discrininationl from the anti-unfair competition law.Throughout this paper,I use a comparative method and evidence method to analyze the complex consumer discrimination phenomenon:To give "consumer discrimination" a clear legal definition in order to define its connotation and extension;To analyze its negative impact on the market and propose that the anti-unfair competition law should regulate the "consumer discrimination";To put forward the basic principles,criteria, exception and the corresponding legislative proposals.The structure of this article as follows:The first chapter is about the legal definition of consumer discrimination.First of all,I explain the importance of the legal definition on the regulation of consumer discrimination.Second,I introduce the theory and legislation both at home and abroad on the "Consumer discrimination".Third,I give the "consumer discrimination" a legal definition and explain its legal characters.Chapterâ…¡,the anti-unfair competition law needs to regulate the consumer discrimination.First of all,I point out the negative effects of consumer discrimination.Second,I explain why the anti-unfair competition law needs to regulate the consumer discrimination.Third,I set forth that there are theoretical and practical basis for the anti-unfair competition law to regulate the consumer discrimination.Chapterâ…¢is about the regulation of consumer discrimination.First of all,I explain the basic principle of regulation from the macro-level.These are the principle of legality and the principle of rationality.Secondly,I explain the criteria of consumer discrimination from the microcosmic level. At the same time,I give several examples to explain the above theories. Thirdly,I point out several acts should not be ruled by the anti-unfair competition law.Finally,I propose the legislative proposals in order to establish a fair and just market order.