A Study On The Judicial Application Of The General Provisions Of Anti-Unfair Competiton Law

China's anti-unfair competition law promulgated more than twenty years,with China's socialist market economic system gradually mature,commodity economy to the depth of development and the rapid development of Internet technology,the traditional business model and the public consumption by the way great impact.Competition between enterprises is becoming increasingly fierce,but also gave birth to an endless stream of new types of unfair competition.In the "Anti-Unfair Competition Law" express provisions,listed in the unfair competition behavior is only surfaced "iceberg",all kinds of novel,unfamiliar competition in the "sea level".In order to make up for the unfairness of the specific provisions of the Anti-Unfair Competition Law,the judiciary can achieve an effective settlement of the dispute by interpreting the general terms.In this paper,the author starts from the basic theory of anti-unfair competition law,analyzes the legislative changes and features of the general terms,and then reveals the problems existing in the current judicial application of the general provisions of the anti-unfair competition law to analyze the reasons for the causes and harms of unfair competition and the general provisions of the judicial application;and then think about the way to solve the problem,through the judicial application of the standard To establish a unified role in the judicial application of the scale,as well as in the judicial application of the need to focus on several aspects of comprehensive anti-unfair competition law to explore the general provisions of the judicial application of the three-dimensional path,trying to revelation of judicial practice.The thesis consists of eight parts.The introduction part expatiates on the meaning of the topic,the research method and the research route.The present research situation of the current theoretical circles is carried out.Chapter 2 is the basic theoretical analysis of the general provisions of the anti-unfair competition law.The interpretation of the general terms of the interpretation of the national legislation to analyze the general provisions of the anti-unfair competition law in various countries in the form and development process,fully understand the nature of the general terms of positioning,features and functions,etc.,to understand the resulting justice uncertainty in the application is too large,the reasons for the lack of operation.Chapter 3 puts forward the general terms of the judicial application of the problems and difficulties in the real situation.On the domestic anti-unfair competition law to expand the legislative provisions of the evolution to show the reality of the situation,the case reflects the problem and the induction analysis of the problem.Chapter 4 introduces interdisciplinary research methods.Considering the inseparable relationship between anti-unfair competition law and the natural economy of market economy,this paper analyzes the causes and consequences of unfair competition from the perspective of law and economics,so as to realize the general provisions of anti-unfair competition law in the regulation of unfair competition necessity and feasibility argument.Chapter 5 Turn on the solution to the problem.In the judicial application of the general terms,the most important judgment on the basis of the general terms of the conduct of competition.This article argues that in the judicial application of the general provisions of the Anti-Unfair Competition Law,it should return to the essential characteristics of the market economy of the healthy competition mechanism.It is necessary to curb the unfair market competition and prevent the excessive involvement of state power erosion of a fair competition mechanism.Chapter 6 deals with the role of the case in order to harmonize the judicial application of the referee.Anti-unfair competition is one of the most suitable judicial spaces for exploring and developing case guidance.Even if the above criteria are as objective as possible,it is necessary to standardize the discretion of the judge by establishing an unfair competition case group,applying the analogy of the same type of case,and following the identification of the earlier case.It is important to follow the precedent as a methodological path that must be distinguished from the case law system of western countries.In the 7th chapter,according to the characteristics of the general clause of anti-unfair competition law,it puts forward some necessary thoughts in the process of judicial application,and fully ensures the accuracy and maneuverability of the general provisions of judicial application.Including the prohibition of escaping to general terms,the broad understanding of competition,and how the judges should be treated and dealt with correctly when the internet industry norms appear as evidence in specific cases.In the general provisions of the judicial application,should also protect the innovation,freedom and fairness boundaries.Harsh application of the general provisions of the anti-unfair competition law will limit competition and combat innovation.Of course,do not allow operators to free competition on the grounds,wantonly beyond the legal infringement of the legitimate rights and interests of others.The final conclusion summarizes the research results and opinions of the full text,and once again emphasizes that the accurate application of the judge to the general terms will be an effective means to maintain the order of the market,play the positive value of the judicial promotion innovation and protect the free and fair competition.