The Research On The Enforcement Of Our Country's Anti-Unjustified Competition Law

With the continuous development of our country's socialist market economy, market competition was gradually vigorous. In order to obtain biggest benefits, some market corpuses in the bargaining process breached the rules of market bargaining and engaged in all kinds of unjustified competitive behaviors which injured the ot hers1 and customers' benefits and seriously obstructed the healthy development of the socialist market economy. For the sake of changing this kind of condition and constructing a legal environment of fair competition, our nation passed the anti-unjustified competition law as the times required. According to the law, the administrative supervising sectors authorized by our nation would have a right to stop and sanction all kinds of unjustified competition behaviors, as well as guarantee and promote the healthy development of market economy.In recent years, along with our country's anti-unjustified competition law enforced deeply, the unjustified competitive behaviors on a certain degree were validly curbed and the market environment was also decontaminated. But some problems existing in the law enforcement started to expose out, for example, the anti-unjustified competition law system was still not perfect enough and the qualities of part of law enforcement officials were not high. The existence of these problems curbed the enforcement of anti-unjustified competition law and couldn't adapt to the developing demand of the socialist market economy. Therefore, it was not only necessary but also significant to research earnestly on the problems and the counter-plans in the law enforcement. By means of integrating theory with practice, I studied the current problems and causes existing in the law enforcement from the a ngles of market economy and administrative law, and explored the counter-plans to enhance the enforcement.The full text is divided into three parts. In the first part, I narrated the concepts of competition, unjustified competition and anti-unjustified competition law enforcement, expounding primarily its concept, the principles of our country's anti-unjustified competition law enforcement and the importance to enhance it. Inthe second part, I analyzed the problems and causes in the enforcement, particularly discussing the imperfection of the law system in the course of law enforcement, inconsequence of the system of the administrative supervising sectors, insufficiency of the law enforcement sectors authorized by the lawmakers, malajustment of the qualities of law enforcement officials to the new situation and administrative interference facing to law enforcement officials. In the third part, I considered the counter-plans of our country's anti-unjustified competition law enforcement, primarily discussing the actual choice of our country's lawmaking and enforcement sectors to enhance the law enforcement and bringing up the concrete counter-plans to perfect the law system, reform the law enforcement system, promote the qualities of the law enforcement officials by means of check-up and competition, improve the supervising mechanism and strengthen the law and the moral awareness of the administrative organizations and the market corpuses.The creativeness of the text lied in making a point of the study on the authorization given by the current lawmaking to anti-unjustified competition law enforcement officials and analyzed thoroughly the difficulties faced by the law enforcement sectors for insufficient authorization. For example, the rights of inquiry and evidence-seeking of the anti-unjustified competition law enforcement sectors were not guaranteed by the corresponding items of law duties, the scope of the properties which could be checked was too narrow because it was only limited to the properties relevant with the behaviors of confusing the market, the efforts to take compulsory administrative measures were not enough and the anti-unjustified competition law enforcement sectors were not clearly given the power of administrative arbitrament. Those problems debased the auth...