互联网不正当竞争中消费者权益的法律保护

Legal Protection of Consumers ' rights and Interests in Internet Unfair Competition

保护消费者权益通常是反不正当竞争法的终极目标。我国现行《反不正当竞争法》在第1条立法目的中明确要求保护消费者合法权益,但是因其并未赋予消费者提起民事诉讼的权利,使消费者权益的保护成为一纸空文。随着我国网络技术的不断发展以及市场经济的不断深入,不正当竞争行为在互联网领域也愈演愈烈。消费者处于互联网竞争生态链的最末端,互联网竞争行为与消费者利益息息相关。因此笔者认为,在立法论的层面,应当将消费者权益作为认定互联网不正当竞争行为的因素,同时赋予消费者集体诉权;在解释论的层面,在适用《反不正当竞争法》一般条款时,应放松对"诚实信用和商业道德原则"的认定,而更加侧重于客观市场效果。

The ultimate goal of anti-unfair competition law is to protect the rights and interests of consumers. China＇s current ＂Anti Unfair Competition Law＂ clear requirements to protect the legitimate interests of consumers in the first legislative purpose, but because it does not give consumers the right to fle a lawsuit, to protect the interests of consumers has become a mere scrap of paper. With the continuous development of network technology and the deepening of the market economy, the unfair competition behavior in the field of Internet is becoming more and more serious. Consumers at the end of the Internet competition ecological chain, Internet competition behavior and consumer interests are closely related. Therefore, the author believes that in the legislative level, consumers should be identifed as the factors of unfair competition behavior, while giving consumers the right to collective action; In the interpretation of the level, in the application of the ＂Anti Unfair Competition Law in general terms, should relax the cognizance of＂ honesty and ethics principle ＂, and more focused on the objective market effect, pay attention to the interests of consumers in the key role of legitimacy in competition.