Study On The Applicable Mechanism Of Consumers’ Relief In Anti-unfair Competition Law

With the development of Internet information technology,the legal relationship between consumers and operators is becoming more and more complex.It is no longer confined to contractual relations,and it is also difficult to distinguish between "true and false" all kinds of new business methods.Consumers are vulnerable to the impact of false propaganda and malicious competition among Internet enterprises,and their will to choose is disturbed.The traditional civil law system and the Consumer Rights and interests Protection Act cannot completely deal with this impact,so it is necessary to construct the consumer relief mechanism in the Anti-unfair Competition Law of our country.Through combing the current situation at home and abroad,it is found that strengthening consumer protection in the field of anti-unfair competition law has become a trend of modernization,but our country is still in the stage of fragmentation research.Paragraph,no systematic mechanism has been formed.In order to further understand the problems of consumer relief in judicial practice,through statistical data and analysis of typical cases,the main problems are:(1)consumers’ individual litigation is blocked;(2)consumers’ ideas are confused;(3)the judicial personnel’s attitude towards consumer relief is inconsistent;(4)it is difficult to confirm unfair competition in the trial;(5)it is difficult to support the claim for compensation in the trial.The reason for these problems is:(1)lack of understanding of anti-unfair competition law.The law has gone from private law to independence,from protection of private rights to protection of multiple objectives.(2)the relationship between anti-unfair competition law and consumer protection is unclear.In fact,the law belongs to the branch of consumer protection system;(3)individual litigation has limitations,which is not suitable for small dispersed relief characteristics.Therefore,starting from the balance between diversified market operation behavior and market order,and the protection of public interest,the author believes that only when it comes from unfair competition and infringes the abstract rights of many consumers,it belongs to the scope of regulation and consumption in the field of anti-unfair competition law.Those who do not enjoy the right of action in principle shall be granted the right to appeal to consumer organizations.Moreover,relief to consumers includes the cessation of infringement,the elimination of danger and the return of property,excluding damages,but does not deny that the consumer claims compensation under civil law or consumer rights and interests protection law.In addition,in order to reflect the public welfare of consumer relief in the field of this law,operators should establish the principle of no-fault liability,and should give support to consumer organizations on the burden of proof according to environmental public interest litigation.