| With the fast development of the social economy, the way of unfair competition also changed a lot. In the end of2010, the war between Tencent and Qihoo360antivirus company made the extensive consumers be affected. It’s obvious that this acl violates the rights of customers, but the customers are hard to seek remedy through the Anti-unfair Competition Law. That is because that our law cannot give an answer about whether this act violates the law or not. And our law also don’t mention the remedy when customers’right are infringed. The state administration of industry and commerce finished the revise draft of the Anti-unfair Competition Law and reported to Legal Affairs Office of the State Council in February,2011. But this revise draft only refers the protection of customers’rights, and it doesn’t mention the specific operation.This paper aims to find out the loopholes of law in protecting customers’rights and existing problems by researching the Anti-unfair Competition Law and its revise draft and combining with the characteristics of the unfair competition. Respecting our legal system, this paper takes example by studying the practices of foreign countries and districts and finally puts forward the advice in building and promoting the law protection of customers’rights in China. This paper are divided in five parts to research on this issue. The first part is stating the unfair competition infringes the customers’ rights directly and indirectly by introducing the relevance "between the unfair competition and customers’rights, and recommending the two types of protecting customers’rights by anti-unfair competition law. The second part is presenting the theory basic of protecting customers’rights by anti-unfair competition law. The third part is introducing and researching the relevant rules in this issue. The forth part is finding the existing problems in our law practice, and the final part is putting forward the author’s suggestions. |
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