Research On Improvement Of Law Against Unfair Competition

The current Law Against Unfair Competition of our country came into being in September of 1993. It has been in effect for 14 years and played an important part in protecting socialist market economy system. However, with the fast development of China's market economy these years, especially after China's entry into WTO, the market system have been improved a lot, meanwhile, competition in the market is becoming severer and some new kinds of unfair competition dealing are appearing. Thus, the current Law Against Unfair Competition appears unsuitable to these unfair competition actions and there is a gap between the current law and the need of economy development. It makes the amendment of the current Law Against Unfair Competition extremely urgent.This dissertation begins with a brief introduction on the Law Against Unfair Competition of our country. In the first part, the concept has been defined by the author. From different angles and levels, some understandings on the anti-unfair competition law have been introduced, and the legislation patterns and legislation styles have been analysed fully. Under the consideration of prevalent viewpoints, the relation between the law system of competition and that for anti-monopoly has been defined explicitly.In the second part, the autor has probed into the present situation of anti-unfair competition legislation in China. The constitution of anti-unfair competition legislation of our country has been discussed and comments related have been made.In the third one, from the angle of comparison law, considering the law system regulating anti-unfair competition in Germany, the present legislation system in China has been analysed. Detailed comparisons on the definition and some related regulations in the law systems of China and Germany have been made, and through this, the author tries to seek for a path to improving the anti-unfair competition law system in China.In the final part, suggestions on the amendment of the Law Against Unfair Competition of our country have been brought forward. The author points out that, with China's entry into WTO, the law system regulating unfair competition should be modified accordingly. From the analyses of the aspects of legislation foundation, law executing experience, and economic environment, the author draws a conclusion that the timing for amendment of present Law Against Unfair Competition is mature. Atlast, advice on the improvement of the law system regulating unfair competition, the system of law liability, executable law clauses concerned and measures for administration execution have been discussed in detail. Thus, the author hopes that these suggestions would be helpful in the process of amending present Law Against Unfair Competition.