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Consumer Rights Protection System Of Chinese An-ti-monopoly Law And Its Improvement

Posted on:2018-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:L DuFull Text:PDF
GTID:2336330512995150Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Monopoly behavior along with the development of market economy,illegal monopoly not only destroys the fair market competition order,and also to the consumers' rights and interests.In the consumption field,Protect consumers' rights and interests have its special law.However,it has no ability to solve the problem of illegal monopoly.In the consumer sector,the protection of consumer rights has its own special laws,but it cannot solve the problem of illegal monopoly.In order to maintain the stability of the market order and protect consumers' rights and interests,many countries have realized the importance of regulation in the market competition and monopoly.For the special consumption areas need to establish a diversified consumer rights protection mechanism.Therefore,they successively promulgated and revised the relevant antitrust laws.At the same time they set up some effective consumer protection system.After comparison,in the face of anti-monopoly law in the protection of consumer rights on the issue,our attitude did not show as active as other countries.In the anti-monopoly legislation involved in the protection of consumer rights issues,only to protect the purpose of protection and some simple content,as well as a judicial interpretation.However,in the anti-monopoly law enforcement,because of the three agencies is responsible for their own affairs,so it is difficult to protect consumers' rights and interests.Similarly,this will also affect the consumer in the judicial practice to get effective relief.Therefore,this article will be our anti-monopoly legislation,law enforcement and judicial as the main research,and contact the actual situation of our country put forward some perfect suggestions.The improvement of system should be based on the perspective of consumers,not only need to further clarify the exercise of the rights,but also increase the enthusiasm of consumers' rights.At the same time,it is necessary to reform the existing anti-monopoly law enforcement agency.For example,the original anti-monopoly law enforcement agencies and consumer rights protection agencies try to engage together.In addition,consumer relief system also needs to be improved.In order to protect the relief system,the focus of the relief on the help of consumer evidence,compensation and group litigation and so on.According to our current antimonopoly law and the judicial practice,the full text is divided into the following five parts:The first part,the thesis research purpose?significance?research status and the research range and method are introduced.This research established foundation to reveal the whole article.The second part,the paper expounds some basic problems in an-ti-monopoly law.The contents include the definition of consumer in the anti-monopoly law,the status of the protection of the rights and interests of consumers,and its relationship with the consumers' rights and interest protection law.The third part,the paper laid special stress on analyzing the existing Problems in the consumer rights and interests protection system in the anti-monopoly law of our country present situation and the problems.It has been expounded some problems in the anti-monopoly law by the method of the legislation and judicial practice.The fourth part,the paper introduced other countries consumer rights protection in the antitrust legislation,law enforcement,judicial of the system.And these countries including the United States?Germany?Japan and so on.The fifth part,our country anti-monopoly law is put forward some Suggestions for the protection of the rights and interests of consumers in the system.Above these Suggestions mainly include three aspects:First,anti-monopoly law needs to add the content of the chapter of consumers'rights and interests protection;Second,the anti-monopoly law en-forcement system needs to be improved and consumer society antitrust functions;Third,consumer relief system in the judicial practice need to be effectively solved.
Keywords/Search Tags:anti-monopoly, law, monopolistic, behavior, consumer, rights
PDF Full Text Request
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