On The Legal Rule Of The Price Swindling In Economic Law In Our Country

The market economy is one kind of competition economy, the price competition is its an aspect. But in the market, many price behaviors are the prime culprit actually which harasses the market economy. The price swindling is the most obvious and the directest one. It has harmed the general consumers and other operators' legitimate rights and interests, destroyed the normal market price competition order, and caused the social resources waste seriously. So we must strengthen the legal rules and regulations of this behavior, and the rules and regulations in Economic Law is an extremely important aspect. In our country, the main legal rules and regulations of the price swindling are in Civil Law and in Administrative Law, the rules and regulations in Economic Law must be strengthened. But in foreign countries, the rules and regulations rules in Economic Law of the price swindling is developed relatively, such as"Federal Trade Commission Law"in USA,"Counter- not Improper Competition Law"in Germany, and so on. They have the extremely detailed specific stipulation to the price swindling. This has provided the precious resources for us. At present, the legal rules and regulations of the price swindling has establish on the cheating theory in Civil Law. We should establish the swindling theory in Economic Law, and then build the rules and regulations of the price swindling in Economic Law. This theory has formed, and developed in the practice. Subjectively, it does not request the cheater have the cheat intentionally, so long as there is cheating objectively. This theory broke through the definition of Civil Law, and can be able to the reality. We can regulate the price swindling in Price Law, Consumer Rights and Interests Protection Law, and Competition Law. At the same time, we can also absorb the success experience about the rules and regulations of the price swindling in foreign law. In a word, we should strengthen the research on the rules and regulations of the price swindling in Economic Law. It has the enormous theory significance and the practical significance. It can not only make the theory of Economic Law perfect, but also regulate the price swindling better, maintain the normal market price competition order, and realize the optimized disposition of society resources.