The Study On Consumer Rights Protection From Chinese Anti-monopoly Law

Consumer rights protection is not only one basic principle with which anti-monopoly law of all the countries comply, it also one value objective of that. The first item of Anti-monopoly Law of China shows clearly that: "Make this law in order to preventing and restricting monopoly behavior, protecting the fair of market competition, enhancing the efficiency of economic operation, protecting the interests of consumer and social public, promoting the healthy development of socialist market economy." This law will make a positive and profound significance to our economy. From the macroscopic view, Anti-monopoly Law is the national anti-monopoly by giving law enforcement agencies and consumers against acts of illegal monopoly of the right to fight the system to provide protection to encourage consumers to safeguard their rights through the operation of the business to respond to the decision-making, which is conducive to the promotion of business decision-making more legitimate, reasonable and efficient, the protection of corporate health, long-term development, promoting the overall social welfare maximization. To consumers, the anti-monopoly law protects the interests of consumers at the macro level, it could make up the lack in the field beyond the reach of the macro of other special consumer protection laws and regulations. Because in the case of monopoly, consumer's rights and autonomy to choose the right transaction will be subject to serious restrictions and threats, or even impossible for the exercise of these rights. Solely on the basis of the Consumer, "Consumer Protection Act" and other special laws and regulations to safeguard their rights, can only be a temporary solution and can not fundamentally change its economic strength, access to transaction information and to seek relief in a weak position and so on. Antimonopoly Law made monopoly tends to benign and orderly by regulating monopoly, and ensured consumer get more fairly in transaction, such as the regulation of prohibiting cartel was beneficial to reduce the price of product and enlarge the selection range of consumer.At the present the monopoly has become the keenly pain of Chinese consumers. Consumer's expectations of protect the consumer legitimate rights and interests of anti-monopoly law have growing louder and louder. The voice of "To make anti-monopoly carry out to the end, to fundamentally protect the consumer rights and interests." is also getting higher and higher. To promulgated and put into practice of Chinese Anti-monopoly Law will be a milestone in the history of Chinese anti-monopoly undoubtedly, but you must be seen if there is no specific institutional support of the provisions of this principle, it will inevitably fall into the "big" but "empty "convention. In the whole code for how to define the consumer rights and interests in the anti-monopoly law, which organizations can process a specially censor, there is lack for prior preventive provisions , and refer to the consumer protection is only sporadic word of Article 1,Article 7 and Article 15. Once the infraction has become true, for how to consumer get obtain redress, by giving consumers the right to appeal the case to obtain relief, and which individuals or groups, institutions can be brought against the litigation of anti-monopoly, there is the lack of the relevant provisions of relief afterwards.Chinese Anti-monopoly Law in the protection of consumer rights and interests still have inadequacies, but if we can learn from the experience gained abroad to fully mobilize the positive anti- monopoly of the direct stakeholders as the majority of consumers, and give effective protection to the consumer right of anti-trust from the entities and the procedure, then, the road of Chinese anti-monopoly will certainly have a very bright future. In this paper, we will explore the above issues and attempt to make some useful insights for improve the provisions of Chinese anti-monopoly law on the protection of consumer rights and interests, so that consumer rights and interests will have a real implementation in the level of Chinese anti-monopoly.The Whole article included the following five sections:The main content of section one is about the content and characteristics of how to anti-monopoly law protect the consumer rights and interests. The anti-monopoly law did not have fully protection as same as the special legislation law which is protect the consumer rights and interests ,that is, the main anti-monopoly law is to protect the self-choose right and fair trading right of consumers. At the same time, anti-monopoly law as "economic constitution" have special advantages for the protection of consumer rights and interests than the special legislation which is protect the rights and interests of consumers.The main content of section two is about the theoretical basis of how to anti-monopoly law protect the consumer rights and interests. As the anti-monopoly law not only have the solid foundation in economics for protect the consumer rights and interests, but also have a solid foundation of law. That is, whether from an economic point of view, or from the anti-monopoly point of view, it is very necessary to protect the legitimate rights and interests of consumers through the anti-monopoly law.The main content of section three is about law enforcement agencies of how to anti-monopoly law protect the consumer rights and interests. As sometimes it have to use the authority of the anti-monopoly law enforcement agencies for protect the legitimate rights and interests of consumers from the anti-monopoly law, and current there has several anti-monopoly law enforcement, which are lack of authority and independence, it is necessary to combine the basis of Chinese national conditions of the two foreign representative types of anti-monopoly law enforcement agencies set up mode, so that the consumers can against with monopolistic behavior.The main content of section four is about litigation mechanism of how to anti-monopoly law protect the consumer rights and interests. First of all, through a comparative analysis of the United States and Japan, two different system of anti-monopoly litigation , it illustrate that we should be combined with the local situation when establish the principle of anti-monopoly litigation in our country. Secondly, based on the interpretation given to the significance of consumer anti-monopoly litigation plaintiff, to explore how to improve Chinese anti-monopoly private litigation system. Finally, based on the first two research, it discuss we must introduce consumers class action system for increase the chip of the consumer's anti-monopoly rights of way.The main content of section Five is about the anti-monopoly law protected against the interests of consumers should bear the legal responsibility. The current legislation relating to the protection against anti-monopoly law the legitimate rights and interests of consumers should be liable for the provisions of the principle of whether it is the responsibility of the form of liability seems too empty and rough, anti-monopoly law should be based on the purpose of protecting the interests of consumers and the characteristics of set up the liability, requesting the punitive damages bear the responsibility, so that consumers against the interests of real relief, and increase the illegal acts of the illegal monopoly costs.