The Research On The Compensation Of Unfair Competitions

Based on the Anti-unfair Competition Law of the PRC,linking to some writings and the related reality of the damage compensation of unfair competitions, the writer firstly relates legal principle foundation, important constitution factors, compensation scope from the view point of civil law, and the writer then makes some discussion on the lawmaking and judicatory limitation of the compensation system, and on the improvement of them. This thesis says that the violated rights and interests are victim's property rights, intellectual property rights, right of reputation and fair competition power, and deeply analysis the legal rights and interest as fair competition power, competition relations, and says about the shortcomings of the damage compensate system of not rightly Competition to benefit the legal practice and legislation.There are five chapters in this thesis. It is about the topic background, significance, thesis structure and relatively research of scholars in and out of China in chapter1.chapter2 is law foundation and principles. It studies the compensated object, right and interest object and labiality object. And based on this, it put forward a new right, that is, the right of fairly competition and it also studies the definition and characters of it. Chapter3 introduces the important compensation components of unfair competition. That is the essential condition of civil liability that the bearer should conduct, the base of his legal liability and important problem during the compensating practice and theory.Chapter4 studies the scope and calculating method to solve the problem of choosing the suitable law to settle the compensation in practice.Chapter5 analyses the present problems, the way-out of its compensation system and some suggestions on solving the problems, which are the facts that the victims are unwilling to seek legal relief and the rampancy of unfair competition.Only if the compensation system is completed on the lawmaking, the operators who compete unfair are blown deadly, and the infringed are protected by law and get proper compensation. Thus, the infringers are not easily to act against laws, which will protect the legal rights and interest to maintenance the fair competition environment and maintain the healthy economy development of the socialist market economy.