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Research On Consumer Public Interest Litigation In Monopoly Industries

Posted on:2018-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y D CuiFull Text:PDF
GTID:2356330533461798Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy,the government in the market based on the automatic adjustment of the first,not only in the field of macroscopic regulation of the market economy,or the micro regulation of market entity,legal construction and supervision of the economy increasingly valued.The legal relationship of various types of market are also aware of the importance of legislation related to their own interests,the need for relevant laws to regulate the behavior of some market players to protect their legitimate rights and interests.The Consumer Protection Law is the law for the purpose of protecting the rights and interests of consumers,regulate the behavior of operators and sellers,and provide consumers with some relief measures.In our example,telecommunications,petrochemical,electric power and transportation,railway transportation,the national tobacco fields by the state monopoly business.In the field of public utilities through administrative agreements to allow water,municipal,urban public transport,taxi and other industries in some areas of monopoly.We can see that these industry are closely related,and they are bound to the existence of various disputes,while because of the particularity of the industry of its own,it is difficult to state the anti-monopoly law to spontaneous supervision,on the other side,litigation costs are too much for ourselves.To undertake the social responsibility requires social organizations — the Consumer Association,so as to safeguard the interests of consumers,supervision of monopoly field and provide a product market behavior,contribute to the establishment of the market economy healthy and orderly.In the monopoly industries,the consumer public interest litigation,not only need to have the corresponding theoretical support,but also a set of legal procedures to ensure that it is effective.At the same time,it is necessary to demonstrate its feasibility.So it will safeguard the interests of consumers to implement the original intention.So this paper on the monopolized industry analysis and legal economic analysis on anti monopoly law,the status quo and explore the world of the consumer public interest litigation and the judicial system,and the related consumer litigation cases are discussed with the methods of historical analysis,comparative analysis and empirical research.In order to improve the existing in the monopoly fields in China and related problems of consumer public interest litigation the improvement measures.And we learn from the United States,Germany,Japan and other countries of the legislative and judicial experience,to fill the gaps in our country,in order to achieve the normalization and efficiency of consumer protection.
Keywords/Search Tags:Consumer Protection Law, Consumer public interest litigation, Antitrust judicial system, Competence of the plaintiff
PDF Full Text Request
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