The Infringement Between Public Enterprises And Consumers And The Improvement Of Relief Measures

For a long time,the study of public enterprises in China mainly focused on the relationship between public enterprises and government,public enterprises and general operators,and paid attention to preventing the abuse of monopoly by public enterprises.The relationship between public enterprises and consumers was neglected.In practice,the abuse of market dominance by public enterprises violates the legitimate rights and interests of consumers.It has the characteristics of wide range of hazards,the large number of victims,and the disparity between the public enterprises and the consumers.The first part of this paper is the introduction.First proposed in the adjustment of the existing law of public enterprises and consumers,as well as the background,significance of the topic and the research status.Second,through the phenomenon that public enterprises damage the legitimate rights and interests of consumers to analyze the reasons why the public enterprises damage the consumer's rights is the serious strength of the imbalance,and to explore the specific remedies.Third,the adjustment of the law in our country is not in place.Specifically,China's "Government Information Disclosure Ordinance" provides that for the public enterprises such as the scope of business operators involved in the people's livelihood,the obligation to publicly provide services in the production,access to information,but for the disclosure of the main body,the scope of public and public enterprises illegal unreasonable relief is lack of provisions,so in reality is not operational and lead to the obstacles of protecting consumers' rights.Although the purpose of "anti-monopoly law" is to protect the consumers' legitimate rights and interests,but in the whole law did not explicitly say when the abuse of the monopoly advantage damage consumers' interests,the operator should bear what kind of responsibility and consumers can seek what kind of relief pathways.Although "Consumer Protection Law" has the provisions of the five dispute settlement approaches,but did not see the different situations.For the general small and medium-sized operators,the approaches are sufficient to protect the legitimate rights and interests of consumers,but for large enterprises,especially with a monopoly advantage,are difficult to achieve public enterprises and consumers fair and just.Although China promulgated judicial interpretation in 2012,it clear civil disputes caused by the monopoly can directly bring civil action to the people's court,but the plaintiff is still obliged to prove that the defendant has implemented the abuse of market dominance of the act,the plaintiff's burden of proof is still heavy and the compensation is not conducive to sanctions against public enterprises to implement infringement,is not conducive to stimulate consumers.The Consumer Protection Act of 2013 was amended to increase the provisions of consumer litigation,but the compensation procedure was not established because of the shorter establishment time,whether the plaintiff could file a lawsuit against the damage and how to distribute the damages are lack of provisions,which are not conducive to balance the power of public enterprises and consumers.The fourth part,introduces foreign public companies with the best experience to adjust to this legal relationship and analyze their similarities and differences,and the enlightenment to China..The United States in the antitrust law clearly defined the abuse of monopoly advantage damage the legitimate rights and interests of consumers is forbidden by the law,and the operators should give victim three times the amount of compensation,and provides who can sue.Germany "anti-restrict competition law" in the seventh revision also defined how to safeguard the rights.Japan not only protect the legitimate rights and interests of consumers but also have provisions in the public enterprise information disclosure procedure,and it can be learnt for us.I believe that forbid the abuse of monopoly advantage damage consumers has become the common mission of the world,which is the law for the pursuit of fairness and justice performance.An excellent supervision law should not only stay in the maintenance of order,but also to achieve fairness and justice,so that the strong can not easily trample on the rights of the weak,so that the weak in the inflicted can get full relief.Therefore,China should learn from foreign legislation,the operator who damage consumers by its monopoly advantage should bear the responsibility,and consumers can seek relief.At the same time,we should improve China's information disclosure procedures,private antitrust proceedings and consumer public interest litigation procedure,so that they are more conducive to the operation and provide consumers with systematic protectionThe fifth part,discuss how to protect the consumers' rights in our country,when they were damage by the abuse of monopoly advantage.In the "anti-monopoly law" level provides the operator abuse of monopoly advantage damage the legitimate rights and interests of consumers should bear the responsibility and consumers can seek relief,and focus on improving the loopholes in the relevant legal procedures.