The Legislative Shortcomings And Perfection Of China's "Anti-Unfair Competition Law"

The modern economy is a market economy. Competition is the basic provisions of the market economy. To study the "Anti-Unfair Competition Law" is particularly important, especially in China where market economy is not very developed.The Paper begins from the deficiencies of current "Anti-Unfair Competition Law" and tries to find out the reasons. It analyzes the lack of "Anti-Unfair Competition Law" mainly from the acts of unfair competition's definition and the general terms and specific terms. Besides, it analyzes why there are defects from the legislative background and technical legislative proceed.The paper also demonstrates the necessity and feasibility of amending. On the need to discuss the necessity, it bases on the development of China's market economy status, and gives full consideration to the status of China's WTO accession, and notes the facts that China's "anti-monopoly law" has been issued, and gives a discuss from the perfect legal system; On the need to discuss the feasibility, it demonstrates mainly from the anti-unfair competition law enforcement and judicial experience, and the full development of market economy which has provided good conditions to improve the "Anti-Unfair Competition Law". Through these expositions, it can be amended "Anti-Unfair Competition Law" has been imperative urgently.The paper also pays particular attentions to the principles we should follow when we amend it. Firstly, "Anti-Unfair Competition Law" should be established principles; Secondly, to revise the "Anti-Unfair Competition Law" should reflect the trend of development of the international anti-unfair competition law; Again, to amend the "Anti-Unfair Competition Law" should be sorted out with the relevant legal relationship, which will facilitates the amending.Finally, Suggestions on the amendment of the "Anti-Unfair Competition Law" of our country have been brought forward:it should make case law as one of the legal source of the "Anti-Unfair Competition Law". Owing to general item which has great meaning to rule a great deal of unfair competition, can support the competitor's proper rights especial the competitor who has advantage competitive, can create competitive order of market and can protect the legal rights of the consumer, the thesis put forward that the Law Against unfair competition of our country should has general item, , advice on the improvement of the executable law clauses and measures for administration execution have also been discussed in detail. Thus, the author hopes that these suggestions would be helpful in the process of amending present "Anti-Unfair Competition Law".