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Research on Protect-Consunmer in Anti-Monopoly Law

Author: LiuYongMing
Tutor: MengFanChao
School: Nanjing University of Aeronautics and Astronautics
Course: Economic Law
Keywords: Anti-monopoly law The interests of consumers Defect System improvement
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 195
Quote: 2
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Abstract


Consumers, though not a direct relationship between market competition parties, but from the point of view of national anti-monopoly legislation, consumers have antitrust laws focus on the protection of one of the objects. Monopolistic behavior from the surface is damaged the legitimate business interests, but the consumer is passed on to the end of the loss of competition, and consumers sometimes the damage is greater than legitimate business, not only the extent of the damage limited to property damage, including personal injury. China's anti-monopoly legislation clearly the consumer is the protection of one of the objects of the Act, and pointed out that consumer protection is one of its legislative purpose. China's anti-monopoly legislation to protect the interests of consumers there are problems, can not fundamentally protect the interests of consumers. To this end, the paper through a comparative analysis, law and economics analysis, empirical analysis and other methods, analysis of how to improve our system of antitrust laws. Firstly, start from the positioning of the interests of consumers in the Perspective of Antitrust Law, and the status of the implementation of China's anti-monopoly law were analyzed in the study on the basis of the relevant foreign legislation and legal practice, and ultimately for the improvement of China's anti-monopoly law make recommendations. The paper first discusses the characteristics of consumers' interests in the Vision of Antimonopoly. On the basis of analysis to determine the meaning of the antitrust laws focus on the protection of consumers' interests, focuses on the features of the interests of consumers in the position in the anti-trust and anti-monopoly law on consumer protection. On this basis, the paper further analysis of the antitrust laws to protect consumers' interests. I believe that the anti-monopoly law to protect the interests of consumers, both in practice and needs, but also the theoretical requirements. The third part of the paper mainly studies the status quo of China's anti-monopoly law on consumer protection. The positive role of our current system of antitrust laws to protect the interests of consumers, and the lack of existing antitrust law system described. The fourth part of the thesis by the applicable foreign antitrust legislation and legal analysis to improve China's Antimonopoly Law for reference. This part is mainly on the United States, Germany's anti-monopoly legislation and laws apply, and analysis of the Antimonopoly Law of the two countries is how to achieve the protection of consumer rights. Finally, to make recommendations on the improvement of China's anti-monopoly law on the basis of the above research,. I think we should clear the basis of the important position of consumers up to improve China's anti-monopoly law system in order to provide consumers with better protection.

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