| From the birth of the network,the unfair competition behavior which related the network is constantly emerging in the business field,there is an increasingly fierce trend.The unfair competition in network environment,not only damage the legitimate rights and interests of competitors,but also destroy the healthy development of China’s Internet industry,meantime,it has a great influence on the consumer’s rights and interests.In my opinions,there are two kinds of unfair competition in network environment.One is that the consumer’s rights was infringed by the operators who view the network as the tool to obtain illegal benefits,such as spreading the other operators’ rumors.Another is the anti-competitive practice by the operator who has an unshakable dominance.Under this background,the unfair competition among network operators has infringed on the rights and interests such as the consumers ’right to know,privacy right and freedom of choice.Unfair competition in the network environment has caused great damage to the consumers’ rights and interests,and the protection of the consumers in the network environment has a great obstacle in the legal regulation.Even though “The Anti Unfair Competition Law “has revised in the final stages,but the indirect protection of the current law makes the protection of the rights and interests of consumers lack of initiative,due to the law is too old,there are too many shortages under the network environment protection of consumer rights and interests is relatively lagging behind,whether the object of regulation and the relief object,subject of law enforcement or in the provisions of legal liability.And the "consumer protection law ",as the basic legal system of consumers,has many problems."Consumer protection law" adapted with the promulgation and implementation of the market economy reality back there,but with the further reformation of our country,with the promotion of market economy,with the development of the Internet,with the intense competition of the market,with more different and subtle means,the legitimate rights and interests of consumers suffered against the reality also is in ceaseless aggravate.Implementation of the "consumer rights protection law" in the last 20 years can not adapt to the network environment more and more.The "consumer protection law" for the protection of the interests of consumers of network still has several defects,such as narrow definition of consumers is not clear,the scope of consumer rights,consumer rights difficult large.To strengthen the protection of the legitimate rights and interests of consumers in the network environment is of great significance.Due to the particularity of the network itself,the protection of consumer rights under the network environment should have the characteristics which the traditional ones don’t.For the application of the Anti Unfair Competition Law "to protect the lawful rights and interests of consumers’ online case,specifically from the following aspects: strengthening anti unfair competition law to protect the interests of consumers,function,and expanding the Anti Unfair Competition Law of relief scope,and the use of judicial and administrative means combining the fight network acts of unfair competition etc.As the basic law of consumer rights protection in our country,it should play the role as the leader of protecting the consumer,especially under the network environment.Improve the consumer rights and interest protection law of our country should proceed from the following aspects: further clarify the consumers,especially the definition of network consumers,further expand scope of the interests of consumer.At the same time,perfection of judicial mechanisms of network anti unfair competition,establishment of the arbitration mechanism of consumer rights and interests and improvement of the association of protection of consumer rights are also very important factors. |
