Sino-japanese Anti-unfair Competition Law Comparative Study

As one of the method of allotting resources, market economy is engineered by competition. Competition is the important way of making the nation prosperous. It is the common objective pursued by the countries in the modern time to regulate the competition of the market, establish fair and free competition order, realize the democratization of the economy, and lay the solid economic foundation for the democratization of the political and social system. Right for this reason, it is the focal point in the reform and perfection of laws of many nations to enact and perfect the. Competition law or anti-unfair competition law (this dissertation has adopted the concept of unfair competition in the broad sense).On September 2, 1993, the Anti-unfair Competition Law was adopted by the Third Session of the Eighth National People's Congress, and has been put into effect on December 1, 1999. The Anti-unfair Competition Law consists of five chapters and thirty-three articles. This law has systematically regulated the market competition behavior from the perspective of maintaining market competition. It is the first law of China which posses such function. From the -angle of perfecting and developing market economy, it is a very important law.In the history of more than half a century, Japan enacted the Law of Preventing Unfair Competition in 1934, and made the Law of Prohibiting Private Monopoly and Maintaining Fair Dealing in 1947. Japan is one of the countries which firstly established relatively complete competition law system. In comparison with Japan, Chinese competition law has lagged behind for more than half a century. More importantly, China is relatively backward in theoretical research. Japan has formed a comparatively mature theoretical system, and is rich in the practice of enforcement.There are a number of problems in scientific feature, logics, and practicability of the content and system of China's competition law. In recent years, China's legislator has made efforts to revise the Anti-unfair Competition Law and enact the Anti-monopoly Law. In this process, it is a practical technical choice to make...