On The Protection Of Consumers' Rights From The Perspective Of Anti - Monopoly Law

Consumption is the purpose and motivation of production, and the market-oriented economy cannot operate without the participation of consumers. In case that market potential of consumers needed to be released, in order to expand domestic demand and stimulate economic growth, it is necessary to fully protect the due rights of consumers. However, monopolistic behaviors commonly exists, which to some extent harms the due right of consumers and the consumers cannot obtain comprehensive relief through the protection of the Law on Protection of the Rights and Interests of Consumers. Various countries realized the necessity of establishment of diverse protection approaches of consumers, enacted antimonopoly laws to regulate the restrictive competition behavior and monopolization, in order to safeguard the market order and the interests of consumers from being harmed. The legislative goal of antimonopoly law in our country is as well the protection of consumer rights, attempting to confer a protection to consumer group in a flexible way. The implementing period of the Law on Protection of the Rights and Interests of Consumers is less than seven years, nonetheless played a significant role in cracking down on monopolistic activities. Meanwhile flaws of such law gradually appeared, there is a need to improve and enhance.Antimonopoly law in most country has the part of consumer protection, such system in our country shall orient the goal of maximization of consumers’ rights and interests. But the part of consumer protection in antimonopoly law differs from those in the consumer law. Antimonopoly law tends to defend the autonomous rights, fair dealing rights, right of claim and supervision rights of consumers.This text intended to analyze the flaws in consumer protection system of antimonopoly law in China separately from the respects of legislation, implement and private action. In legislation, the legal liability of antimonopoly law is lack of deterrence, which is not beneficial to protection of consumer rights. Meanwhile, consumer group action system is vacant in antimonopoly law. In practice, there exist duplicate law enforcement, responsibility chaos and absence of enforcing authority’s independence, authoritativeness and professional. In addition, consumers ’ right to know and supervision rights are frequently ignored. In private action system, the right of action of indirect consumers is obscure, and the distribution of evidential burden on consumer is unreasonable.Based on national conditions and using the experience of other countries for reference, this text intended to put forward a perfect suggestion to legislation of our country on the issue of consumer protection in antimonopoly law. In legislation, introduce the system of consumer group action and improve the liability system of consumer protection. In practice, establish antitrust enforcement authorities which are beneficial to consumer protection, to guarantee the supervision rights in the implement of antimonopoly law. In the system of antimonopoly private action, clear up the right of action of indirect consumers in antimonopoly law, improve the jurisdictional system and establish a favorable burden of proof system for consumers.