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On Consumers Coordinative Protection Of Competition Iaw And Consume Rrotection Iaw

Posted on:2013-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:J J MaFull Text:PDF
GTID:2246330371499313Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Consumers are weak ones in the society. They need special protection. In the present, the situation of consumer protection deserves worries and urgently awaits to be improved. In legislation, Consumer protection law is a specified one protecting the interests of consumers. Competition law has always been claiming to protect the "rights and interests of consumers. Protection of the legitimate rights and interests of consumers is one of its legislative purposes. Some specific provisions of Competition Law reflect this purpose. Consumer Protection Law and Competition Law are enacted in different times. They have different legislative purposes and adjustment objects. Although they subordinate to the same legal department-Economic Law, there are inevitably some differences in how to protect consumers and the extension of protection. Why should they need to coordinate with each other? Which provisions contradict with each other? How to improve the two? These are what we should think to enable consumers to obtain more comprehensive protections. The battle between The QQ and Qihoo360makes consumers deep in it and unable to protect themselves, which enables us to think the above problems as quickly as possible. Competition Law includes Antitrust law and Anti-unfair competition law. We need to analyze the contradiction between Antitrust law and Consumer protection law, and the contradiction between Anti-unfair competition law and Consumer protection law.In the theoretical level, consumer coordinative protection on Competition law and Consumer protection law have related theory support, including the legal theory and economic base, the necessity of coordination exits.The consumer coordinative protection status of Competition law and Consumer protection law is not good. In the current situation of the two laws in consumer protection, Competition law protects consumers mainly from the purpose of legislation, system, implementation, relief system and other aspects, Consumer protection law adopt preferential protection mode. The two protection modes will be compared. Competition law and Consumer protection law have some incompatibilities in consumer protection. We analyze the mismatch between the Anti monopoly law and Consumer protection law, the mismatch between Anti-unfair competition law and Consumer protection law, and find out the value conflict, system conflict and responsibility conflict of the two.In the current conditions, we raise suggestions on consumers’coordinative protection of Competition law and Consumer protection law. This is the focus of this paper. The suggestion includes legislative coordination perfection and execution mechanism perfection. In the legislative coordination, we point out that legal codification is hard to realize in the present condition, but modify mode is feasible and necessary.
Keywords/Search Tags:Competition law, Consumer protection law, consumer, coordination
PDF Full Text Request
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