The Reseach Of Consumer Rights Protection On Network Unjust Competition

On the appearance of Internet, the illegal competences relating to the network inbusiness field rise rapidly and became stronger and stronger now. They not onlyencroached on the legal rights of competitors, did harm to the development of theInternet industry of our country, but also had deleterious consequences in consumers.Under this situation, most of the studies and researches put their focuses on the controlof illegal market entities on the Internet, but the ensutence of consumers’ rights whichdeserves equal importance.The dispute between Tencent and Qihoo360presents the urgent of protecting therights of customers on the Internet. The illegal rights among network operatorsencroached on the rights of customers such asthe right to choose、right to information、privacy right and contract right. In the case of The dispute between Tencent andQihoo360, Although the revision of "Anti-unfair Competition Law have stepped into thelast period, the current one is lack of initiatives and became backward in the protectionof consumers since its long history. It has amounts of defects from the object ofregulation、relief object、the law enforcement body to the identification of duties. Inaddition, as the basic protection of consumers’ rights, Consumer Protection Law alsoborn with many defects. It only fits with the market and economy at that time. With thestrengthening of reform and development, the conversion of market economy, and thedevelopment of the Internet, the competition became more fierce and violent. Theyoccurred with different ways and the situation became more serious. The ConsumerProtection Law turn out not suitable for the Internet environment after twenty yearsoperation. It has several defects in the protection of consumers, such as the lack ofidentification of consumer, the narrow classification of consumers’ rights, and thedifficulties of safeguarding legal rights.There are great significance in strengthening the protection of consumers’ legalrights. Since the characteristics of the Internet, unlike the traditional one, the protectionof consumer has differences and difficulties under the circumstance of the Internet. Forinstance, in The dispute between Tencent and Qihoo360, The Anti-unfair CompetitionLaw can be well applied in the following circumstances: strengthening the power of protecting the customers’ rights, broadening the field of the operation, forbidding illegalcompetitions with the help of judicature and administration power. As the basic law ofprotecting the consumers, The Consumer Protection Law should play its part in theprotection of consumers’ rights under the environment of the Internet. The perfection ofthis law can be done as follows: Identifying the meaning of consumer, especiallyconsumers on the Internet, broaden the rights of consumers, especially the private righton the Internet. In the mean time, the foundation of the interests of consumersarbitration mechanism and the rise of the status of the Consumer Protection Associationserve as an necessary part in the whole process.