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On The Protection Of Consumers' Rights And Interests In Anti - Unfair Competition Law

Posted on:2015-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:R F LanFull Text:PDF
GTID:2206330461474766Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, because of the intensification of market competition, people pay more and more attention to consumers as one of the main market participants. Because the operators’ competition treat the consumers as the medium, the competition aims to strive for more customers. However,the active market competition may led to many improper behaviors. These behaviors may not only cause the unfairness of market, but also harm the consumers’ rights and interests. Consumers are indirect parties between market competition relationship.But they play an important role in the process of market economy.Their legitimate rights and interests should be taken seriously, and to strengthen the maintenance of the legitimate rights and interests is helpful to promote the formation of the effective competition in the market. All countries in the world take protection of consumers’ rights and interests as an important part of the legislation against unfair competition, which are fully reflected in the provisions. Therefore, regulation of unfair competition acts is imminent.To protect consumers’ legitimate rights and interests is the inevitable requirement of market economy in our country.Law on protection of the rights and interests of consumers and anti-unfair competition law are the important laws to protect consumers and maintain market order. Unlike the former, the anti-unfair competition law protect consumers mainly by preventing and regulating unfair competition acts.The protection belongs to the indirect ways, but they play an irreplaceable role. Since violation of consumers’ rights and interests in today’s society caused by unfair competition acts has become increasingly serious,it’s necessary to regulate these acts. One of the legislative purposes in anti-unfair competition law is to protect consumers’ rights and interests.But looking from the practical effects in legislative, law enforcement and judicial strength of consumers’ rights and interests protection,there are still some problems.Therefore, in order to really protect consumers’ rights and interests, it is necessary to perfect the relevant laws and regulations.This article mainly study consumers’ rights and interests protection in the anti-unfair competition law. I analyse the present modes of consumers’ rights and interests protection in our country’s anti-unfair competition law.And according to the existing shortcomings, I put forward legislation ideas to perfect consumers’protection in the anti-unfair competition law.The methods such as literature investigation, comparative analysis and inductive analysis are used in this article.At the same time,the article is divided into four parts to this topic. First of all, the article sates a fundamental theory of consumers’ rights and interests protection, including the basic concepts and the ways of the legal protection of consumers’ rights and interests. Secondly, this paper discusses the anti-unfair competition law legislation related to the protection of consumer rights and status,which makes the study meaningful.And then I introduce the specific way to protect consumers,which is indirect protection of anti-unfair competition law.The specific way refers to the worthy remedy models which are listed in many countries’laws, namely one-yuan relief mode and dual relief mode. Finally I propose legislative ideas and other suggestions about perfecting consumers’ rights and interests protection in our country’s anti-unfair competition law.
Keywords/Search Tags:Consumers’ rights and interests protection, Anti-unfair competition law, the improvement of the legislation
PDF Full Text Request
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