Discussion On Consumer Standards In The Identification Of Unfair Competition Behavior

In 2017,China amended the Anti-Unfair Competition Law,which included consumer elements in the General Provisions.This revision process has set off the climax of China's anti-unfair competition law from the perspective of consumer interests,and the change in the general provisions directly provides legal text support for the study of consumer standards in the determination of unfair competition behavior.Judging from the existing legal provisions,China has a legal space for applying consumer standards,and it also has specific provisions for some consumer standards.From the perspective of judicial practice,consumer standards are also mentioned in various ways,but in terms of application.There are many deficiencies.In order to protect the interests of consumers and improve the Anti-Unfair Competition Law performance,and based on China's existing legal resources,the construction of China's consumer standards is imminent.In view of this,in addition to the introduction and conclusion,this paper is divided into four parts to discuss the construction of China's consumer standards.The first part is mainly divided into two aspects to explain the content of the consumer standard of this article.Consumer standards are based on “consumers,” so defining “consumers” and understanding the relationships between related concepts helps us figure out what is the consumer standard.In addition,by categorizing consumer standards,including “consumer-critical criteria” and “consumer impact criteria” and “consumer consideration criteria”,the basis for the application of consumer standards is provided below.The second part is a discussion of the need to build consumer standards.This part discusses the necessity of consumer standards from four aspects: safeguarding consumer interests,enhancing the performance value of Anti-Unfair Competition Law,not unreasonably expanding the scope of behavior and having objectivity.From the first point of view,consumers occupy an important role in economic life,but at the same time they are often the most vulnerable to injury.To achieve anti-law protection of consumer interests,it is necessary not only to write consumer interests into the law,it is also necessary to use consumer standards to translate the consumer interests in the legal text into consumer interests in practice;from the second perspective,the traditional Anti-Unfair Competition Law system is centered on “operatorism”.This can no longer satisfy the reality of the need for Anti-Unfair Competition Law.Building consumer standards is conducive to making up for the lack of Anti-Unfair Competition Law and realizing the preventive function of anti-unfair competition law.The third angle is actually a response to the relevant scholars' denial of consumer standards,in order to prove the necessity of the existence of consumer standards.The fourth angle is to use empirical analysis to demonstrate that consumer standards are objectively present in practice,rather than delusional,in order to increase persuasiveness.The third part is based on the 2017 Anti-Unfair Competition Law,combined with the 1993 Anti-Unfair Competition Law and the judicial judgment based on this,to interpret the application space of consumer standards in China's anti-unfair competition law.The stability of the law determines that China's anti-unfair competition law is unlikely to undergo large-scale revisions in the short term.Therefore,whether the existing institutional environment allows the existence of consumer standards directly determines the value of studying the topic.From the existing research,confusing behavior,misleading behavior,commercial slander,and award-winning sales all need to be identified by the consumer-important standards.In other words,consumer standards play an important role in these behavioral determinations.Commercial bribery,infringement of trade secrets,and new Internet terms are less dependent on consumers,so apply consumer-impact standards.The application of general clauses is relatively special.The identification of new types of unfair competition behavior is the result of balance in the interests of the operators,the interests of consumers and the interests of the public interest.The fourth part is based on the analysis and summary of China's legal texts and judicial practice,and draws on extraterritorial experience to build China's consumer standards.Through summarization,we can find that China has corresponding regulations and practical applications for the consumer standard.Through the analysis of these regulations and applications,we can find that they have many shortcoming or provide inspiration for building consumer standards.On the basis of examining foreign mature experience,it is the construction path of this paper based on the reality of legal resources,the problem-oriented,the interpretation of the theory and the legislation of theory as the way out to build China's consumer standards.The specific recommendations are divided into three.The first is to define the concept of consumers,which corresponds to the first part.The second is to emphasize the definition of consumer groups in individual cases.The third is to establish a general consumer image with reasonably well-informed and reasonably observant and circumspect.