On Whether The Court Has Civil Jurisdiction Over The Dispute Of Unfair Competition Between The Law Firms

The definition of operators and operators' responsibility are worthy of further examination in "Anti-Unfair Competition Law".Traditionally,"operators" have been given a "profit-making" features.But the reality is that the acts of unfair competition made by the traditional "non-profit entities" are increasing.Whether "Anti-Unfair Competition Law" can be applied to such "non-profit entities" or not,and whether disputes arising from such unfair competition can be brought to the court,and thus corresponding civil liability can be decided to such "non-profit entities",it is still a matter of great controversy in judicial practice.Based on this,this paper begins with the case Hubei Hengdexin Law Firm,etc.v.Hubei Puji Law Firm Unfair Competition, follows by analysis on the definition of the operators and the operators' responsibility in "Anti-Unfair Competition Law",and finally it holds that the court has civil jurisdiction over the dispute of unfair competition.The full text is divided into five parts.Part One Introduction to the case Hubei Hengdexin Law Firm,etc.v.Hubei Puji Law Firm Unfair Competition.Part Two The focus of the case.That is,whether the court has civil jurisdiction over the dispute of unfair competition between the law firms,which contains two questions,firstly,whether the law firms are the same operators as stipulated in "Anti-Unfair Competition Law",secondly,whether the controversy of unfair competition between the law firms can be relieved by using judicial methods,or just administrative methods.Part Three Different views and controversies.This section details the controversies between the plaintiffs and the defendant.Part Four Theoretical analysis of the case.This section concludes that the law firms are the same operators stipulated in "Anti-Unfair Competition Law",as well as dispute of unfair competition between them can be solved through civil procedure. Part Five Revelation of the case.On the one hand,the definition of operators in "Anti-Unfair Competition Law" should be changed;on the other hand,relations between public law responsibility and private law responsibility of acts of unfair competition should be settled correctly...