Study On Against Unfired Competition In Foreign Trade

Free competition is the basic decision-making and the core content in market economy, therefore, the protection of moderate free competition is the soul of Anti-Unfair Competition Law. The competitor can not implement unfair competitive behaviors and damage others' liberty and right reasonable and legitimate by taking free competition as a pretext. Although different countries and regions use different policies and laws, but with the advancement of economic globalization, unfair competitive behaviors in the field of foreign trade necessitates a gauge in international market.The first part is the theoretical basis of the whole text, in which the origin and characteristics have been elaborated on, and the relation and conflict between trade policy and competition policy are discussed. In the process of foreign trade, developed countries take the maintenance of free competition order as an excuse, but in essence, they earn more surplus values from the developing countries by taking advantage of homeland economic advantages. Therefore, in the view of the value orientation of anti-unfair competition, we must construct new, fair, and harmonious foreign trade competition order to maintain economic benefit of our country in the foreign trade.The second part emphatically analyzes unfair low-price sale behaviors and its counter-measure from two behaviors ,dumping and subsidy. It proposes that fair price competition includes low-price competition, and it is a common method in the market competition and a important way to enter the market and obtain the market share, which is legal. Unfair low-price sale is the malignant development phrase and has involved unfair over-competition. The unfair low-price sale has destroyed the normal foreign trade order, so we must stop the unfair low-price sale behaviors to maintain the normal foreign competition order. But the unfair low-price sale behavior manifests more national benefit in comparison with domestics unfair low-price sale behavior. Therefore, it is essential to maintain the foreign trade competition orders and consider all countries' benefit in dealing with the unfair low-price sale behavior in the foreign trade. Besides, we must establish a new, fair and harmonious foreign trade competition order to virtually protect all counties' benefit ,especially the developing countries' benefit.The third part is the research of counterfeit behavior in the foreign trade. It analyzes the insufficiency which exists in the rules and regulations of counterfeit behavior in our country's correlated law, through introducing the rules and regulations of counterfeit behavior in America, Japan as well as the international joint pledge. In the practice, counterfeit is the most common, primitive, and widely used typical unfair competition behavior. It not only has encroached upon the legitimate benefit of the right person, but also has harmed consumers' benefit and hindered the fair competition. It is also the most fiercely harmful to the normal economic order. Therefore, in many international conventions as well as the anti-unfair competition laws of every main country, the unfair competition behavior, counterfeit, has been carried on strict rules and regulations.The fourth part is the goal of the whole text. Since the Counter-Unfair Competition Law has been executed, it has played a important role in the encouragement and protection of fair competition as well as unfair competition behavior, and the protection of operators and consumers' legitimate rights and interests. But the Counter-Unfair Competition Law in our country is preliminary and disjointed, with the economical unceasing development, the problems in it have exposed day by day. At present, the counter-unfair competition laws in every country are developing to the same direction, but all the countries execute the law based on its own benefit without considering of the competition order in the foreign trade, which causes the extant bilateral and multilateral cooperation and coordination mechanism to fail to manifest completely.This article aims at strengthening the international communication and cooperation and bettering China's counter-unfair competition legal system in foreign trade to achieve the effect of establishing new, fair and harmonious foreign trade order, through the overseas advanced experience particularly.