The Research Of Legal Problem Of Operator's Fair Competition Right

Unfair competition behavior, the limit competition behavior harasses the market competition order, harms other operators legitimate rights and interests the behavior. Harms other operators' legitimate rights and interests, stresses to this kind of behavior civil right infringement nature, but theory its civil illegal, in particular this kind of behavior violates the object actually is has wide divided opinions. Has the scholar the object—other operators' legitimate rights and interests which violates from this behavior to embark, not right will compete the behavior to divide into two kinds: A kind is violates the present law to have the explicit stipulation the absolute right, for example, If registered trademark right of sole use, business name right, goodwill right and so on. Another kind belonged violates the operator "other legitimate rights and interests"—the dispute mainly to concentrate to this. Some scholars thought this "the legitimate rights and interests" are the property rights, some thinking are the fair competition right the property rights, some thinking are the fair competition right.The author believed that, the market competition is the main body competition, but takes the ideal market competition pattern, Should be "take the fair deal as the foundation, take the economic freedom as the premise, take the social justice as the home to return to". Because market itself is saving the flaw which oneself is unable to overcome, Therefore unfair competition and the limit competition always takes the fair competition associated, Therefore the economic laws and regulations production, is take competition law as the forerunner. The law reaction causes, however, took market competition main body the operator under such competition law frame, has obtained the fair competition primitive right, but its each rights and interests protection depends on the competition law standard confirmation. But operator's fair competition right system constructs a long-term complex project, in which have many unresolved problems, for example, the fair competition power is not one kind of right? What its existence right and are the necessity? Who is the subject of object? What right content has? How receives the violation to be supposed to carry on the legal relief, and so on. This article through discipline the and so on legal science, economic related knowledge, and basically proves the method using the comparison and logic analysis these, hoped can make the system basic research through this paper to these legal matters, and draws own conclusion:Operator's fair competition right is one kind should have the right. Operator's fair competition right has the legitimating, and should carry on the confirmation for the legislator through the law to it. The fair competition power has the specific subject of object and the voluntary main body, the specific right content and the realization way; The fair competition right protection needs macroscopic and the microscopic two aspects condition; The operator receives the violation when its fair competition power, also may report to the authorities to the administrative organ, also may file the civil right infringement lawsuit to obtain the damage compensate.