On Illegitimate To Compete Behavior And Its Legal Rule System

Via the change of market environment and the social changes of 14 years, illegitimate competitive behavior presents new form and new condition, current " on the contrary illegitimate competitive law " does not meet new situation again, it is further perfect to have certain defect needs. This paper with illegitimate competitive behavior limits to start with, on the foundation of analysis type, feature and the concept of illegitimate competitive behavior , have discussed the it and defect that our country makes for illegitimate competitive behavior legal rule to perfect.Article divides into 3 each parts totally:The first minute is illegitimate competitive behavior mainly limit. " the on the contrary illegitimate competitive law of our country " the second money of Sub_clause 2 stipulation: " the illegitimate competition that law claims , denote manager to violate this regulations decide , harm the legal rights and interests of other managers , disturb the behavior of socioeconomy order ". The author thinks , illegitimate competitive behavior can from " violation of rules the behavior of assigned and competitive principle " with the two aspects " harm the behavior of other managers" go to understand, at the same time, think that illegitimate competitive behavior has to violate recognized business ethics , is been by manager , is taking market competition as the 5 features such as purpose, the legal rights and interests of damaged competitor and serious damaged socialist market order.Second part is major to have elaborated its partition meaning and the type of illegitimate competitive behavior. The author basis the current stipulation and feasibility condition of " illegitimate competitive law ", as suming up illegitimate competitive behavior to imitate, emit behavior , is reverse to imitate to emit behavior, the illegitimate competitive behavior of communal enterprise, administrative monopoly behavior and commercial bribery behavior , is false to express being with false propagative behavior , hurt the behavior of commercial secret , with the illegitimate competitive behavior below the price distributors article of cost , put up to sell behavior , have award sale behavior and business slander behavior , collaborate to recruit enter a bid the 12 kinds of types such as behavior, and have summarized important document or the feature of each kind of illegitimate behavior one by one, at the same time think that the partition of illegitimate competitive behavior type is helpful for systematic overall understanding illegitimate competitive behavior, is helpful to perfect on the contrary illegitimate competitive legal system continuously , is helpful in legislation on for illegitimate competitive behavior make type melt to stipulate.The part of 3th is major to have analysed the defect that our country makes for illegitimate competitive behavior legal rule, and for the defect had, have put forward perfect opinion. The author thinks , current " on the contrary illegitimate competitive law " can not already meet overall guarantee completely the needs of fair competitive order, it is not accurate to have the illegitimate concept in competitive behavior legal rule system , the illegitimate administrative intensity of coercive measures in competitive behavior legal rule system the insufficient, illegitimate legal degree of system of job responsibility in competitive behavior legal rule system do not perfect , illegitimate competitive behavior legal rule system in existence not normal administrative intervention etc. below with leak. According to above-mentioned defect the author, have suggested that for illegitimate competitive behavior legal rule, the concept in system is not accurate, reinforced and illegitimate to compete the administrative intensity of coercive measures in behavior legal rule system , is perfect and illegitimate to compete the legal degree of system of job responsibility in behavior legal rule system , remove illegitimate competitive behavior legal rule system in existence the square surfaces such as not normal administrative intervention perfect suggestion.