Research On The Protection Of Consumer Rights And Interests In My Country's Anti-monopoly Law

Monopoly is the attachment of the rapid development of market economy.Monopoly will not only seriously infringe the order of market competition,but also seriously damage the legitimate rights and interests of consumers.From the perspective of consumers,the law of the people's Republic of China on the protection of consumers' rights and interests defines the ways to protect consumers' rights and interests by giving consumers rights and stipulating the obligations of operators,so as to ensure the basic balance between consumers and operators.However,with the rapid development of market economy,it is weak to protect consumers' legitimate rights and interests only from the positive side for the complex changes of market economy.From the negative side,it is better to regulate anti-monopoly behavior and strengthen the protection mechanism of consumers' rights and interests in anti-monopoly law to adapt to the complex economic situation and enhance the protection of consumers' legitimate rights and interests in the field of anti-monopoly.In contrast,in the face of the protection of consumers' rights and interests in the anti-monopoly law,China has not made detailed provisions.Only in the "anti-monopoly law",clear the significance of anti-monopoly to protect the legitimate rights and interests of consumers and some simple content about the protection of consumers' rights and interests.Therefore,based on the analysis of the current situation and existing problems of the consumer protection mechanism in the field of anti-monopoly in China,this paper puts forward some suggestions to improve the consumer protection mechanism in the field of anti-monopoly by connecting with China's actual development and learning from foreign advanced legal experience.For the improvement of this system,we should consider it from the perspective of consumers,dredge the path of protecting consumers' rights,open the litigation channel,solve the professional problems in the actual litigation through the way of law,reduce the litigation pressure of consumers,enhance the enthusiasm of protecting consumers' rights,and provide a perfect way of right relief for consumers.Based on China's current anti-monopoly law and judicial practice,this paper is divided into four partsThe first part summarizes the protection mechanism of consumers'rights and interests in China's anti-monopoly law,clarifies the connection and difference between the two,and provides legal support for the convergence of the two.The second part elaborates the current situation and existing problems of the consumer protection mechanism in China's anti-monopoly law,and explores the corresponding solutions.The third part,drawing on the advanced experience of foreign anti-monopoly law on the protection of consumers' rights and interests,mainly including the United States,Germany and Japan,makes a vertical analysis from the perspective of legislation,judicature and law enforcement respectively,and extends to discuss the legislative enlightenment of foreign anti-monopoly law on the protection of consumers' legitimate rights and interests to China.The fourth part,taking the problems mentioned above as clues,based on the advanced experience of foreign countries,and combined with the actual development of our country,puts forward targeted and feasible solutions.For example,we should open the door to protect the rights of Litigation-establish the anti-monopoly class action system,reduce the pressure of consumer litigation,introduce expert opinion system and other specific measures,so as to safeguard the legitimate rights and interests of consumers in the field of anti-monopoly.