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The purpose of realization of the Antimonopoly Law of Consumer Protection

Author: YuXiaoLin
Tutor: WuJingMing
School: China University of Political Science
Course: Economic Law
Keywords: Antitrust Legislative purpose The interests of consumers Public enforcement Private relief Civil action
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 259
Quote: 1
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Abstract

There is no doubt that the protection of consumer rights is the proper meaning of the modern anti-monopoly law in most countries and regions in the anti-monopoly legislation and judicial practice are included in the scope of protection, and as the important value of the demands of the anti-monopoly law . China's \Most countries (including China) or the anti-monopoly law in the legislative purpose are usually diversified characteristics, although the purpose of anti-trust legislation of each country or region specific content and presentation are not the same, but in general, anti-monopoly law covering the basic legislative purpose to protect market competition, economic efficiency and safeguard the interests of consumers ①. The legislative purpose of diversification can not avoid value conflicts in the context of multiple target value conflict, how to sort on different target, or this sort should be guided by what principle the solution of these problems related to the antitrust laws protect consumers the concrete implementation of the rights of results, we should think hard about how to build to adapt to China's national conditions, scientific and rational anti-trust target value rank system. Antitrust laws primarily through the prevention and suppression of monopolies, the maintenance of free competition, products and service prices remain above the level compatible with competitive market conditions, and thus indirectly to protect the interests of consumers, but also anti-monopoly law directly to consumers' interests as its object of protection. With the development of anti-monopoly law theory and practice of various countries and regions, the consumer antitrust private relief gradually into public view and get more and more attention. China's \In addition, the view from the individual cases that have occurred, consumers antitrust civil litigation has been the recognition and support of the judicial system. However, our anti-monopoly law, \difficult, high cost and little in return for various reasons the implementation of the system was not yet ideal. In addition, the anti-monopoly administrative proceedings as another way of consumer private relief, there is at the edge of the state did not receive due attention, the lack of more in-depth study and reflection. The paper attempts to explore the antitrust laws of multi-target value rank System in response to the antitrust laws under the value of the context of conflict to safeguard consumer interests, and the theory and practice to refine and improve views to promote the anti-monopoly law to better achieve its core purpose of protecting the interests of consumers. This article consists of the following parts: the first chapter: the antitrust laws of the consumer protection purpose of Analysis. This section through a comparative study and evaluation of the consumer protection purpose of the antitrust laws of the relevant countries and regions development process. Summarized on the basis of the comprehensive appraisal of the different theories about the purpose of anti-trust legislation for domestic academic. The actual legislative purpose of the \Chapter II: public enforcement of anti-monopoly on the protection of the interests of consumers. The anti-monopoly law is mainly indirect protection of the interests of consumers, but this does not exclude the direct interests of consumers as the object of protection, the protection of the public enforcement of anti-monopoly on the interests of consumers is one of the important channel. The analysis of public enforcement of antitrust deficiencies and defects and to explore ways to improve the administrative law enforcement system and mechanism to improve the efficiency of public execution. Chapter III: the consumer anti-monopoly private relief mechanism and its perfect. Demonstrate the need for consumers to private relief and practical significance, analyzed at this stage of consumer antitrust civil litigation and administrative proceedings in theory and judicial practice in developed countries has been the experience and results Based on the study, combined with our practical asked the author's recommendations on improving the anti-monopoly civil and administrative litigation system.

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