Research On The Protection Of Consumers' Rights And Interests By Anti Unfair Competition Law

The competition of operators is based on the media as consumers,and the purpose of their competition is to win more consumers.The active market competition precisely implicates the dangers of many improper behaviors.Such behavior not only leads to the unfairness of the market,but also harms the legitimate rights and interests of consumers.Although consumers are not direct parties in the market competition,consumers,as important participants in the process of market economy,should be valued for their legitimate rights and interests.Therefore,strengthening consumer protection can play an active role in orderly competition.The consumer in the anti-unfair competition law is a concept of holistic " rather than the concept of a specific consumer in consumer protection law.The Anti-Unfair Competition Law protects consumers' rights and interests by protecting unfair competition among business operators by maintaining a fair environment for competition.This is an indirect protection.Judging from the vulnerable status of consumers in the market,the anti-unfair competition law has a certain degree of necessity for the protection of consumer rights;in terms of legislative purposes and object protection,this law has certain protection of consumer rights and interests.Possibility;From the constitutional human rights theory and economic law consumer sovereignty theory,this law also has a certain degree of dueness to consumer protection.The Triple Legislation Objectives of the "Law of the People's Republic of China Against Unfair Competition Law"(hereinafter referred to as the "Anti-Unfair Competition Law")-The rights and interests of managers,consumers,and social public interests are integral,systematic,and linked,so legislation is needed.The purpose clause becomes the logical main thread for protecting consumer rights.The Anti-Unfair Competition Law has achieved the protection of consumer rights by defining the concept clauses of acts of unfair competition and the specific clauses prohibiting unfair competition.However,the clauses of the "Unfair Competition Law" legislative purpose have caused many unnecessary controversies in many revisions and can not help but reflect the ambiguity in its legislative orientation.The wording of " violating the provisions of this Law" in the second paragraph of the Anti-Unfair Competition Law has hindered the possibility of other unfair competition practices being explained.In the system of responsibility rules,too much attention is paid to administrative responsibilities while ignoring that civil liability should be strengthened so that consumers will not receive effective compensation when they suffer losses.Finally,the failure to give consumers the right to sue through the Anti-Unfair Competition Law is contrary to its legislative purpose.Therefore,this article proposes to amend the contents of Article 2(2)of the Anti-Unfair Competition Law and add a related clause in Chapter 2 to expand the scope of indirect protection of consumer rights;to refine the civil,administrative,and criminal responsibilities and improve Responsibility system and giving individual and group litigation rights to consumers in order to better meet the purpose of the legislation,from the overall to the details of multi-dimensional,multi-faceted to elaborate,in order to pass legislation to highlight the consumer's dominant position in the unfair competition law,to achieve better protection of consumer rights.