A Study On Modification And Improvement Of The Law Combating Unfair Competition Under The Background Of Antimonopoly Legislation In China

It has been 10 years since China promulgated the Law Combating UnfairCompetition with great subsequent success in practice. Because of the restrictions of then legislation conditions, the law itself, however, has such weaknesses that led to the unexpected results in practice. Nowadays, the socialistic market economy system with Chinese characteristics has been preliminarily established in China. Much progress has also been made in both theoretical and practical research on the Law Combating Unfair Competition. All those lay a solid foundation for the modification of this law. Meanwhile, relevant legislation department in China has been taking up the formulation of the Antimonopoly Law in the hope of establishing a complete competition law system. Consequently, how to modify and improve the Law Combating Unfair Competition, under the background of the Antimonopoly Legislation, has been of both theoretic and practical significance.This thesis begins with an exploration on the close relation between the competition law and socialistic market economy system, pointing out that it is a necessity of the socialistic market economy system. Then it focuses on the present condition and the existing problems concerning the construction of competition law in China; it also makes an analysis of the weakness of the current Law Combating Unfair Competition and stresses the necessity of legislation of Antimonopoly law in China. Thirdly, on the basis of a brief introduction of three modes of competition law in the world and the comparison of the Meager Legislation Mode and the Separated Legislation Mode, this thesis points out that it is consistent with China's current situation to adopt the Separated Legislation Mode in such law legislation; Finally, the thesis concludes with the initial exploration on such issues as to the coordinationbetween the Law Combating Unfair Competition and the would-be Antimonopoly Law in the course of modification and improvement, and the consistency of the purpose of legislation with the detailed law system. As far as the general provisions are concerned, the thesis makes an analysis of the existing theories and points concerning the provisions and points out that some improvement could be made on the design of general provisions. As to the law enforcement system, the thesis firstly questions the current points regarding the reinforcement of administrative authority and administrative judicature, pointing out great emphasis should be laid on the role of courts at all levels so as to avoid the state interference in the scope of market competition. The thesis also advances some ideas on the definitions of unfair competition acts in the Law Combating Unfair Competition.