Public Interest Litigation against Unfair Competition：Another Way to Protect Consumer Rights

Abstract：With the continuous development of market economy，it is not uncommon for unfair competition to infringe on consumer rights and interest. The current civil litigation cannot provide effective relief for consumers who have suffered from unfair competition；its focus is on the protection of some concrete safety of the consumer；there are also some limitations with it. So，the current civil litigation cannot provide consumer，who is suffering from unfair competition，with effective relieve. Because of the negative act，the administrative law cannot do that either. What the unfair competition hurts is the uncertain consumer right，which is also the public interest. To better beat unfair competition and protect consumer right，we should protect consumer against unfair competition with the help of public interest litigation，which conforms to the purpose of the "Anti-Unfair Competition Law" and has a certain legislative basis. Public interest litigation，which is used to protect consumer rights，can be applied to the field of anti-unfair competition；and we can regulate unfair competition with the help of public interest litigation against unfair competition. While implementing public interest litigation against unfair competition，we should follow the rule of law：first，in terms of implementing path，we should regulate through legislative interpretation and judicial interpretation；in terms of scope of the case，we should consider the type of public interest litigation against unfair competition；in terms of the acceptance standard，we should consider if the consumer interests as a whole be hurt；and in terms of the main body who initiate the litigation，procuratorial organs，citizens，and NPOs can initiate civil or administrative litigation.

Key words：unfair competition；public interest litigation；consumer rights；distribution of litigation rights