Anti Monopoly Law Of Consumer Right Of Action Research

Consumers the right to sue individual consumers have the right to sue to the court of eligibility when the infringement by monopolistic behavior. Consumers the right to sue on antitrust laws have important functions On the one hand it can promote the implementation of the anti-monopoly law, mainly as a function of the threat of monopolistic behavior and complementary functions of public execution. The other hand, can protect the interests of consumers, mainly to compensate for consumers has been impaired and to avoid potential damage in the future. Anti-trust consumers the right to sue, including two types of Compensation for Damages against the right to sue, and the other is the ban claim the right to sue. Two constitutive requirements are different Compensation for Damages against the standing to sue, illegal activities, damage to the existence of a causal link, the fault principle. Ban the complaint is not concerned about the behavior of the fault, at the expense of the ban lawsuit is not the necessary damage. Anti-monopoly law on the protection of the consumer the right to sue in legislation and law enforcement. Legislation, anti-monopoly law is clear that consumer protection is one of the purposes of the anti-monopoly legislation, and laid the foundation for the consumer the right to sue; The abolition of the administrative front, and cleared obstacles to the implementation of the consumer the right to sue. In law enforcement, antitrust competent authorities to provide evidence with the help of the prosecution of consumers, and can act as "amicus curiae" in court, to alleviate consumers burden of proof. In China, there is no clear consumer the right to sue antitrust laws need to be further clear. In addition, lacking the relevant procedural requirements. In order to protect consumers right to sue to establish independent complaint and subsequent lawsuit combining litigation mode, the introduction of class action, institutional indictment in the specific program, such as the jurisdiction of the statute of limitations, the rules of evidence and litigation costs for consumersthe protection of the right of action focused.