Study On Several Basic Theoretical Problems Of Competition Law

This paper tries to study the several basic theoretical problems by comparative and analytical methods. Competition law, which belongs to economy law, is one of the basic laws for marketing economy. Competition law embodies that country just balances the economy and it is society-centered law rather than government-centered or individual-centered. Competition law focuses on the maximum of the whole social economic efficiency, which is in sharp contrast with the civil law and administrative law. Anti-unfair competition act and antimonopoly law surely belong to economic law. The relations which competition law regulates include competition relations and competition management relations. Competition law doesn't merely apply to specific relations because competition relations are very wide and uncertain. Unfair-competition acts have meanings in a broad sense and a narrow sense. The subject of anti-unfair competition law in our country should be transferred from "operator" to "doer" so as to perfect it. All the acts violating anti-unfair competition law, in spite of the subjective motivation, should be punished. How to define a unfair-competition act should resort to the second item in the second article in anti-unfair competition law, which is a general article.This paper falls into three parts.I, The introduction expounds on the classification, principles and functions.II, The traits of competition law which belongs to economic law. Differences among civil law, administrative law and competition law from the economic analysis point of view.EL Expounding on the subjects which competition law regulates. IV, About how to define the unfair competition acts.