On Discrediting

The competition is the core of the market and essential characteristic of the market economy. Follows the reform and open policy thoroughly carry on, the market competition increases extremely. In order to abundant more space in competition, operators have invested more time and the energy than before. When the majority of operators put the energy diligently in developing the self-level to strives bigger development, some people actually use disparage the other people to promote their institution and attempt to obtain the competitive advantage status.The method of the discrediting is easy and the cost is low, and the destruction consequence is extremely serious. Victim's goodwill will be restored difficultly in a long time after being destroyed. This kind of behavior not only destroyed operator's goodwill, but violated consumer's just rights, even affected the normal social economy order. At present, "Anti-unfair competition law" has many imperfect places on stipulation the discrediting. Therefore, the author chose this question to take the research object.This article divides into four parts:Partâ… : Through several typical cases, the author introduced present situation of the discrediting as well as legislation situation which at present exists in our country, and pointed out that the discrediting has the social hazard and needs to be effectually ruled by the legal method.Partâ…¡: The discrediting produces and exists in the economic activity. Therefore the author analyzed the behavior from the economic and legal science angle to carry on. Firstly, the discrediting has been carried on the economic analysis. As one kind of deceit information behavior, the discrediting can mislead the consumer the choice, finally destroys the orderly competition order. After that the author has analyzed on the object (goodwill) and the constitution important document of the discrediting, and pointed out the goodwill has the unique attribute. The author also proposed own viewpoint in the question of how nature of the goodwill is. In final of this part, the author discussed relation between the discrediting and the false propaganda behavior.Partâ…¢: First the author has analyzed the overseas related legal rule. Through comparative analysis to the overseas correlation stipulation, we know because the condition of the various countries and the legal system tradition are different, the legislation on the discrediting also is different. Our country national condition should be considered in order to make every effort to realize the system and the actual condition best conjunction when "Anti-unfair competition law" is perfecting.Partâ…£: This part is the foundation of the article. It is the goal to consummate the related system of our country to analyze the regulations of other country. Because the legal system about the discrediting is not extremely consummate and the legal rule still has many oversights, the author proposed the suggestion and the tentative plan on the basic concept constitution, the consummation legal liability system and the damage compensate system.It is the goal of this article to propose the consummation "Anti-unfair competition law "and effectually regulate this model behavior through analysis the discrediting. The author has used the comparative analysis method in this article. By this means of analysis overseas each kind of legal rule and the legislation characteristic, and according to the correlation theory and our country actual situation, the author proposed the suggestion and the tentative plan to consummate the " Anti-unfair competition law "to regulate the discrediting.