Discourse Upon General Provisions Of Law Against Unfair Competition

With the development of market economy and improvement of science and technology, many new types of unfair competition acts come into being.Just because the forms of unfair compition acts are complicated and exchanging every time,it is impossible to list all of them in the Law of PRC Against Unfair Competition.. So if there are some unfair competition acts that are not listed in the law,we need to use the general provisions to identify. Just because the abovementioned reasons ,and what's more,there are no corresponding regulations in other laws, so we need to make general provisions in the law of against unfair competition. Based on the comparing and analyzing the relative foreign laws ,this essay discusses the rationality and constituting conditions of general provisions ,and provides law sugessions to perfect them.Part one is mainly intrducing general provisions' theoretical base.Through a case, this article firstly argues that Chinese courts have ever ruled cases according to Article 2 of law of against unfair competions,then detaileddy discusses general provision's definition ,traits and it's jurisprudence,at last,introduces it's useness.Part two is mainly intrducing the domestic and foreign law-making of general provisions.Through comparing and analyzing the general provisions in many representive Continental law and Common law conutries, we can come to this conclusion : it is common to use general provisions to summarize the unfair competion acts,the core principles of general provisions are principles of honestyand creditibility and some other basic princeples of market tranctions,the lawmaking of general provisions can maitain fair competion order much better and safegard the lawful rights and interests of business operators and consumers.After that,we analyze that whether the Article 2 of law of against unfair competition is general provisions,we hold that it is limited general provisions,it needs to be perfected,we also discusses the necessity of lawmaking of general provisions in laws.Part three is the key part of this article.lt mainly intrduces the general provisions'constituting conditions and their operation in practice.Through comparing the relative forein general provisions,we can know how general provisions constitute of .We also analyze the following aspects: diffrence and connection between general provisions and particular regulations in Chinese law of against unfair competition,the relationship betwween general provisions and other laws,and its use limit .At last ,through a lot of cases,we argue that althouth the general provisions have been used in practice ,yet it is not pefect,it needs to be modified and perfeced.Relevant disputes often happen, and they are not easy to be solved. At last,we provide law suggestions to perfect the general provisions .As for the planning of general provisions,we put forward two set of methods to solve the problem.Then we analyze the establishment and power of law-enforcing institutions,discuss its legal liability and juristion courts,explore whether consumers have the right to litigate against unfair competition.