Construction Of Consumer Litigation System In Unfair Competition Law

Although consumers belong to the " Unfair Competition Law," direct protection of the object has become the world's legislative and academic consensus.However,in the revision of the Unfair Competition Law,the legislature's attitude towards consumer protection is swaying.In the "Unfair Competition Law of the People's Republic of China"(the revised draft)published by the Legislative Affairs Office of the State Council on February 25,2016,the consumer's rights are not only prescribed as legislative purposes in the first article.The draft also defined in the definition of unfair competition behavior of the consumer rights,so that consumers effectively entered the "unfair competition law".Through the definition of the second paragraph of the second draft,the legislator will violate the commercial ethics of the means of harming the legitimate rights and interests of consumers behavior is also regulated as unfair competition behavior,making consumers become "anti-French" direct protection object,And in Article 17 for consumers to set the right to sue,to provide consumers with a sense of competition in the sense of civil relief channels.However,in the "Anti-Unfair Competition Law(Revised Draft)of the People's Republic of China" published on February 23,2017(hereinafter referred to as the revised draft),the legislator deleted the " Consumers ",the unfair competition behavior once again confined to the behavior of the infringement of the operator.And in article 20,the right of appeal is limited to the operator who has suffered from unfair competition and has removed the consumer's right to appeal in article 17 of the manuscript.Whether the Anti-Unfair Competition Law should give consumers the right to appeal and how to design the specific mode of consumer rights is the problem that this paper attempts to solve.First of all,the "Anti-Unfair Competition Law" gives consumers the rationality of the litigation rights.Through the historical development of the Anti-Unfair Competition Law,we can find that the basis of the Anti-Unfair Competition Law lies in the market economy,and its protection focuses on the development of the market competition.With the historical development of the market economy and the competitive mode,the anti-unfair competition law has shifted from the emphasis on the protection of the operators to the consumers and the operators.With the rise of consumer movement,anti-unfair competition law is to focus on the protection of consumer development.Through the legal interpretation of the Anti-Unfair Competition Law,it is explained that strengthening the protection of consumer rights is not only in line with the legal logic of the anti-unfair competition law,but also helps the anti-unfair competition law to maintain the market competition order.Help the perfection of the legal system.Second,the "anti-unfair competition law" gives consumers the necessity of the existence of litigation.Under the current legal system,the legislator intends to construct a consumer rights protection system only through consumer law such as consumer protection law and contract law.However,the law of consumer protection law can only provide consumers with ex post relief,which makes the current legislative regulation of the existence of consumer rights protection legal loopholes: eliminate the law can not protect consumers from unfair competition,distorted market The violation of the order of competition,in the case of consumers can not be based on "anti-law" to obtain civil relief,only in the negative when the relief,and can not have been dangerous,the loss will be carried out ahead of the protection of competitors The cost is too low.Under the influence of the Internet technological revolution,the Anti-Unfair Competition Law is needed to provide consumers with civil remedies,balance the strength of competitors and consumers,and safeguard the rights and interests of consumers.In fact,China's consumer rights in the design of the consumer has a wealth of local legislative experience,combined with foreign legislative model study,to find China's "anti-unfair competition law" consumer rights model.But the model in the draft is too shabby,quite inquiring about the meaning of such a legislative model can not provide practical protection for consumers.China's local resources,although China in the "anti-monopoly law" for the individual consumers to provide a civil remedy,but due to the lack of relevant tilt of the procedural measures,making consumers private anti-monopoly is extremely difficult.Although the Consumer Protection Law of China stipulates the public interest litigation of the consumer association,the consumer association does not have the right to claim damages and can not fill the damage received by the consumer.Through the investigation of the German consumer group litigation,the American group litigation,the US antitrust litigation,the author analyzes the feasibility of the system of transplanting the anti-unfair competition law.Finally,the author puts forward some suggestions on the mode of giving consumers the right of action against the anti-unfair competition law.This paper argues that we should refer to the German consumer group litigation model,combined with our legislation,judicial experience,part of the legal transplant.The subject qualification of the unfair competition should be limited to the consumer groups,and the way of taking responsibility should include the measures of stopping the infringement,eliminating the influence,compensating the loss and using the amount of the compensation amount,so as to put forward some suggestions on the " Competition law " amendment is helpful.