Research On The Protection Of Consumers' Rights And Interests In The Anti Monopoly Law

As an important part of the law of market competition,the anti monopoly law occupies a pivotal position in China's market regulation.But due to the lack of rapid update market development stage and to deal with the monopoly market experience in violation of consumer rights protection,resulting in China's current anti monopoly law can not effectively safeguard each market the legitimate rights and interests of consumers.From the depth of the theory to practical measures,it reflects the lack of protection of consumers' rights and interests in the anti-monopoly field,which is the trend of more and more attention to the protection of consumers' rights and interests of the world.Combined with the experience and lessons of developed countries,China's anti-monopoly law not only because of the change of ideas on the basis of theory,but also in legislation,law enforcement,judicial and other aspects of a comprehensive improvement.Such as the private implementation of the consumer system,the burden of proof upside down,punitive damages and other advanced experience should also be paid attention and application in practice.All in all,our country to strengthen and improve the protection of consumer rights and interests,which is not only the individual problems of today's consumers,but also an important measure of the national economy and the people's livelihood.This article is divided into five parts,the specific content is as follows:The first part analyzes the purpose and significance of the research on the protection of consumer rights in antitrust law,and analyzes the relevant expositions of domestic and foreign scholars,and clarifies the importance of the protection of consumer rights and interests in the field of antitrust.The second part introduces the theoretical basis of the anti-monopoly law and the protection of the rights and interests of consumers,and explores the value pursuit hidden behind the provisions of the anti-monopoly law.By analyzing the existence and the limitation of the weak protection thought and the principle of efficiency priority in the traditional theory,the scholars pay more attention to the protection of the rights and interests of consumers in the monopoly field.The third part explores the present situation and shortcomings of antitrust activities in China at the three levels of legislation,judicature and law enforcement.Through the in-depth analysis of legislative regulation,judicial litigation,law enforcement procedures in three aspects of the specific issues,and then found that China's anti-monopoly law in the protection of consumer rights at this stage there are some deficiencies,and then for the next part of the relevant experience system outside the provision of good bedding.The fourth part compares the system experience of anti-monopoly implementation in the United States,Germany,Japan and Taiwan,and draws lessons from it.On the basis of clarifying the insufficiency of our own system,we should focus on studying the system of responsibility and proof system outside the domain,and perfecting the practice way of our anti-monopoly law.The fifth part,combined with the existing legal provisions of our country and the relevant system outside the domain,and then put forward to form a consumer rights protection for the value orientation of antitrust legislation,law enforcement activities and judicial relief system.All aspects of the maintenance of consumers in the field of antitrust legitimate rights and interests,making the implementation of anti-monopoly law is no longer just stay in the "paper",but also to be transformed into a more profound system.