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Research On The Protection Of Rights And Interests Of The Internet Consumers Under The Perspective Of Anti-unfair Competition Law

Posted on:2020-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:S J XiaoFull Text:PDF
GTID:2416330572494190Subject:legal
Abstract/Summary:PDF Full Text Request
Against the background of the continuous advancement of China's "Internet plus" strategy and the double background of the rapid development and popularization of Internet business model,the phenomenon of unfair Internet competition and its infringement on the legitimate rights and interests of Internet consumers is becoming more and more common.In November 2017,four new revision of the "anti-unfair competition law" in the first article has been clear about the purpose of the law on the protection of consumers' legal rights legislation,also with new article 12 "Internet article designed" on the Internet acts of unfair competition regulation,but the Internet consumer rights and interests protection under the background of the current laws and regulations are still lacking.In the new economic development situation,when Internet consumers pay attention to the essential object that Internet operators compete for,we should pay attention to and begin to solve this problem.Clarity on the related concepts,this article from the Internet consumer concept and characteristics,the Internet in the unfair competition law,the necessity of protecting the legal rights and interests of Internet consumers as well as the current law and judicial practice,analyzing the present situation and problems of the protection of Internet consumers and based on this,advances our country the present stage consumer rights protection in the protection of Internet consumers when facing difficulties,using the experience of other countries or regions,put forward the anti-unfair competition law of Internet consumers direct protection,set up the Internet consumer groups of litigation system to solve the path.In addition to "introduction" and "conclusion",this paper includes four parts:The first part –Legal concepts and characteristics of Internet consumers.This paper expounds the unclear status of the legal concept of Internet consumers,summarizes the basic characteristics of the concept of Internet consumers according to the general concept of consumers in academic circles,and defines Internet users as Internet consumers,thus determining the basis of this paper.On this basis,this paper deduces the traditional weak characteristics and leading roles of Internet consumers in Internet economy,and clarifies their special relationship with Internet economy and Internet operators.Finally,Internet consumers are defined from the perspective of attention economy.The second part-The necessity of protecting consumer rights and interests in Internet unfair competition.From the requirements of modern anti-unfair competition law and the legislation purpose of anti-unfair competition law in China,the Internet consumer rights and interests and maintaining the order of the Internet competition internal consistency,and the requirements for the Internet economy,etc.,respectively,to protect the Internet consumers in the necessity of the legitimate rights and interests of unfair competition,for after the whole article and put forward related Suggestions to lay the foundation.The third part-The current situation and predicament of consumer rights protection in Internet unfair competition.This paper respectively combs and analyzes the current situation of legal rights protection of Internet consumers in China's current laws and judicial practices,and further analyzes the plight of current Internet consumers' rights protection on this basis.The anti-unfair competition law clearly protects the legitimate rights and interests of consumers in the legislative purpose.However,in judicial practice,due to the characteristics of Internet economy,Internet consumers' legitimate rights and interests such as the right to know,the right to choose independently and the right to privacy are easily infringed by unfair competition.Based on the analysis of specific cases in recent years,this paper interprets the infringement of the rights and interests of Internet consumers in the real situation,and analyzes the plight of the protection of consumer rights and interests in the unfair competition of the Internet.The fourth part-An improved plan to protect the rights and interests of Internet consumers against unfair competition law.Through the analysis of the status quo and difficulties in the first three parts,draw lessons from other countries and regions related concepts of modern anti-unfair competition law and legislative experience,from to direct Internet consumer rights and interests protection,and gives recommendations to the aspects such as the Internet consumer groups litigation right,anti-unfair competition law of our country to protect consumer rights and interests of Internet provide practical advice.
Keywords/Search Tags:Anti-unfair competitionlaw, Internet unfair competition, Internet consumers, protectionof the rights and interests
PDF Full Text Request
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