The Protection Of Consumers' Rights And Interests In The Unfair Competition Of Internet

The rapid development of Internet technology has spawned a variety of Internet products and services,and new business models have emerged endlessly.At present,the business model of "free + value-added services" is most prevalent.In this business model,in order to gain a competitive advantage,Internet operators spare no effort to compete for the user's attention.At this time,the user's attention resources are scarce,and their disposal of their attention can also be regarded as a consumption behavior.Therefore,the Internet Users should fall into the category of traditional consumers and naturally enjoy the protection of consumers' legitimate rights and interests in China's competition law system.Where there is competition,there is unfair competition.The Internet environment gives operators more space to compete,and the Internet's unfair competition behaviors continue to emerge,infringing on the legitimate rights and interests of other operators and consumers and the order of competition.Compared with the operators,Internet consumers are in a vulnerable position,and their legitimate rights and interests are most vulnerable to infringement,and it is also difficult to obtain corresponding relief after being infringed.This is because the Consumer Rights Protection Law focuses on protecting the direct and specific personal and property rights that consumers should enjoy in a certain transaction.Its protection scope is limited,and Consumer Law has not paid attention to the current Internet background.Consumers have both the status of "competitor referee" and "bearer of competitive effects".The Anti-Unfair Competition Law has developed into a new stage,and its public law attributes have become stronger and stronger.China's Anti-Unfair Competition Law has clearly opened up the legislative purpose of protecting consumers' interests.The definition of competitive behavior includes consumer elements,attaches importance to the special status of consumer groups in the market economy,and protects their legitimate rights and interests mainly from the perspective of consumers' overall and long-term knowledge and freedom of choice.However,it has only declarative regulations and lacks a specific system construction,resulting in the phenomenon of empty rights and no relief channels.Therefore,in consideration of the new characteristics of Internet consumers,the scope of protection of Internet consumers' rights in China 's Anti-Unfair Competition Law is clarified,consumer groups are given the right to sue,and the judicial thinking of judicial judges is changed.The protection system of competition law is of great significance.In addition to the introduction and conclusion,this thesis is divided into four parts.Part ?: Overview of Internet Competition and Consumers in the New Era.First,Internet competition has distinct characteristics that are different from traditional market competition.It is these distinctive characteristics that give consumers a dual identity and make Internet consumers' legitimate rights and interests vulnerable to unfair competition.Secondly,under the prevailing "free + value-added service" Internet business model,although network users have appeared in different characteristics of traditional consumers,they are still weak in terms of "strength" and "information",plus The scarcity of attention resources in the Internet economy,and its behavior of paying attention can also be regarded as consumer behavior,and it is legitimate and practical to include Internet users in the consumer category for protection.Finally,the protection of consumer rights is in line with the purpose of the competition law legislation and the inherent value of general provisions.Part ?: The analysis of the current situation of Internet unfair competition and consumer rights violation.First,classify all unfair competition cases that occur in the Internet environment,and point out that some unfair competition acts only extend the place of occurrence to the Internet field,and the "Internet Special Regulations" regulate new types of technologies with innovation and technology as the core Internet competition has infringed upon consumers' rights and interests.Several typical cases are cited to reveal the infringement of consumers' legitimate rights and interests by the Internet's unfair competition from the perspective of the right to know,independent choice and other rights.Part ?: The reasons for the dilemma of consumer rights protection in Internetunfair competition cases in China.Although China's anti unfair competition law has stepped into the stage of social law to protect the interests of consumers,there is still a lack of corresponding system supply in legislation,which does not give consumers the right of action in the sense of competition law,resulting in the consequences of "no way to go" after consumers' legitimate rights and interests are infringed by unfair competition.In judicial practice,the paradigm for judging the Internet's unfair competition behavior has not been reformed.Judicial judges still rely on whether a competitive behavior harms the interests of other operators as the main judgment basis,and do not pay attention to comprehensive consideration of the interests of operators and consumer factors.At the same time,it is difficult to balance the interests of Internet consumers and operators.Part ?: Put forward some suggestions for protecting consumers' rights and interests in the anti-unfair competition law in the Internet field.First,the anti-unfair competition law should attach importance to legislative purposes and bear its unique responsibility to protect the interests of Internet consumer groups.Based on this,consumer groups can be given the right to sue in competition law.Finally,it is pointed out that in judicial practice,referees need to break through the existing judgment paradigm.The trial of a case should be the result of comprehensive consideration of the interests of Internet consumers and operators.In the face of the nature of highly technical Internet competition,It can be judged with the help of consumer testing and economic analysis.