| With the continuous reform and innovation of Internet technology and the rapid rise of Internet companies,unprecedented changes have taken place in people’s living habits and transaction patterns.In the Internet field,the economic era dominated by consumers has arrived,but with it,there are also a series of problems that consumers’rights and interests have been violated.In order to compete for a favorable position in the competitive market,more and more Internet companies frequently engage in unfair competition in the process of chasing interests,which seriously violates the market competition order and damages the rights and interests of innocent consumers.However,in legislation and judicial practice,it still adheres to the"operator-centered" doctrine,and it is still an indirect "reflection" protection for consumers’ rights and interests.Although the competition law includes the consumer factor in its legislative purpose and general provisions,there are still many gaps in the legislation regarding the new types of unfair competition that have occurred frequently in recent years in the Internet market competition,and there are also gaps in the legislation regarding how to take responsibility for the losses caused to consumers by the operators in the process of participating in the market,and how to seek remedies for the losses suffered by consumers.There is also no regulation on how to seek remedies after consumers suffer losses.Therefore,this paper takes the protection of consumer rights and interests in online unfair competition as the starting point,and uses literature research method,case study method and comparative analysis method to firstly analyze and introduce the relationship between unfair competition law and consumer rights and interests protection,and analyze the special nature and value orientation of consumer rights and interests in online competition;secondly,through the introduction of typical cases,it reveals the current situation of consumer rights and interests protection in online unfair competition.Then,the current situation of consumer rights and interests protection in online unfair competition is analyzed and summarized,and the current situation of consumer rights and interests protection in online unfair competition is summarized and studied at home and abroad.Finally,we propose practical and effective suggestions for the protection of consumer rights and interests in online unfair competition.Market competition and consumer rights and interests are like two sides of the same coin.The protection of consumers’ rights and interests has become one of the goals of competition law legislation.Therefore,the direct legal interest status of consumer rights and interests should also be clarified in competition law,and the protection of consumer rights and interests should be clearly defined in the competition law.The new type of unfair competition that occurs frequently in the market field,strictly regulate the civil liability of operators,add punitive damages and profit deprivation clauses,and give consumer groups the right to sue and profit deprivation to better protect online unfairness Consumer rights in competition.By clarifying the direct legal interest status of consumers in market competition,the competition law will regulate the protection of consumer rights and interests in order to improve the consumer rights protection system and make up for legislative gaps.This is also conducive to changing the difficult problem of judicial application,promoting the effective implementation of the Anti-Unfair Competition Law,and providing judges with adjudication ideas for hearing cases.Only by severely cracking down on unfair market competition and implementing the protection of consumers’ rights and interests can we ensure orderly market competition and promote the stable development of the market economy. |
