Discourse Upon Several Questions Of Law Against Unfair Competition

The Law against unfair competition of our country has already been implemented more than ten years, set up the sign as the legal system of competition of our country, this law played an important role in the market economic system during the initial sutting-up stage, encouraging the fair competition, standardize the illegitimate competition. It is all worthy to be definite to protect rights and interests of operator and consumer, it is still one of the basic laws of maintaining the market economy order so far. In the last few years, with the development of economic system reform of our country, increasing of new-type illegitimate competition behavior, the study on law against unfair competition seems urgent day by day.This text uses the analytic approach of the real example and analytic approach of value, regard the legislation purport of the law against unfair competition and basic principle as the visual angle of studying. Pass the legal principle analysis to value ideas, such as social standard , essence justice ,etc. Comparatively systematic analysisd the legal status question of the general clause in the law against unfair competition, new-type illegitimate competition behavior type question, and introduced the punishing compensation system. The full text is divided into four parts besides foreword and conclusion:The first part quoted relevant theory of the law against unfair competition. It quoted legislative situation, legislative purport, basic principle of the Chinese and foreign laws against unfair competition. Use the analytic approach comparison method of the real example to propose the type of the illegitimate competition behavior in the law against unfair competition of our country, the establishment of the general clause legal status , perfection of the legal liability system are all questions that is worth thinking and perfecting.The second part is about the legislative purport under a social standard vision . It network analysisd that the marrow of the legislative purport of the law against unfair competition should be the social standard. It has expounded the value orientation of the general clause , the type concord to legislative purport of new-type illegitimate competition behavior, and the intension of the punishment compensation system under the country intervenes.The third part is about the straight justice under the correct of basic principle. It have described the intension theory of the fair principle and value in the law against unfair competition. It have explained how to use the fair principle idea structure illegitimate competition behavior. It reflected that the punishing compensation system proving the fair principle of the essence.The fourth part is the legal consideration about perfects the law against unfair competition. Getting through above-mentioned legal principles working out the conclusions, such as the law against unfair competition must confirm the legal status of the general clause, need to finish the type of the new-type illegitimate competition behavior, and should introduce the conclusion of the punishing compensation system. Finished the general clause is realized in the law anaginst unfair competition, setting up of the new-type illegitimate competition behavior type system and the system of punishing compensation responsibility. This text regards the legislation purport of the law against unfair competition and basic principle as the clue all the time, the angle standing in the legal principle studying, analyse the theory intension of the general clause in the law against unfair competition under social standard and fair idea of essence , new-type illegitimate competition behavior type theoretical foundation, and the value function of the punishing compensation system. Return to the legislative activity from the theoretical research finally, finished the question of legislation perfects of the law against unfair competition.The research of this text is a analysis to the basic theories of the law against unfair competition, have theoretically described the question of general clause , type the new-type illegitimate competition behavior and punishing compensation system hope to have certain reference value in perfecting the current law against unfair competition of our country.