On The Morality Of The Anti-unfair Competition Law

The morality of the Anti-unfair Competition Law is that should have value orientation and internal quality of the Anti-unfair as an institutional ethic. The morality of the Anti-unfair Competition Law makes the integration of moral and law, moral makes the anti-unfair competition law have connotation and legitimacy; the law then achieves the moral and material strengthening mechanism. The morality of the law is the bridge of constructing and bettering the legal mechanism and achieving the morality. On researching the morality of the law pursuits not only in the realization of morality itself, but also how the legal mechanism achieves the morality.The article follows the way of research from the general to the specific, from the morality of law to the morality of the Anti-unfair Competition law then to the research on the specific institution of the morality of the Anti-unfair Competition law, using the demonstration research, the value research and the literature study method to analyze the content of the morality of the anti-unfair competition law, construction of system and the demonstration, as follows:Firstly, to the moral content of law for the point of intervention, then from the conception, course and dimension to definite the moral content of the anti-unfair competition law. Corporate social responsibility, fair competition and economic constitutionalism compose the content of the morality of the competition law together. Secondly, in the system, the moral man is the start of the morality of the competition law; the general clause is the carrier to achieve the morality of the law; the economic constitution is its high-level system to realize security and spiritual orientation. Finally, from the point of legislation, judicature and law enforcement, analyzing the morality of the law at the level of empirical. Kant's absolute order provides the possible to the determination of the morality of the law. The morality of the law, in legislation, is specific norms and a source of its own legitimacy through specific norms, especially on general terms of mechanism playing the role on the practice; in the administration of justice, is the value-oriented of the subject of judicial conduct, is the source of the judicial behavior, judges discretion and its legitimacy, is the specific behavior that through the judicial activity specific then to the practice of acting on the market players; in law enforcement, is the source of law enforcement and its behavior legitimacy, conferred by law enforcement physical coercion of market players.