Research On The Main Elements Of Unfair Competition

"Unfair competition" as the core of the law concept, throughout the course of the whole department is against the law in the beginning of the law enacted to regulate the market competition has played a tremendous role, but with the ACTS of unfair competition in the market economy developing constantly present a new form, the current regulations can’t cover of ACTS of unfair competition. And to make a behavior as ACTS of unfair competition, it is necessary to accurately set of ACTS of unfair competition, the paper select constitutive requirements of main elements as the research object, based on the analysis of our country’s law to the existing regulations on the subject (the operator), on the basis of clarifying the main body in ACTS of unfair competition elements of the evolution process of the theory, the analysis of the pros and cons of various theories exist. The main body in ACTS of unfair competition elements theory has experienced from the qualifications when it comes to the evolution of behavior that, qualification should be said that operators have legitimate business qualification of legal persons, other economic organizations and individuals. The theory must be used in practice, but due to the operator’s scope is very narrow, will make the object of the industrial and commercial registration and industrial and commercial registration expired objects are excluded from the scope of the subject, which gave rise to the said behavior. Behavior said that whether the subject has a legitimate business qualifications, as long as engaged in the management behavior, is one that can be considered, thus revised qualification said. Behavior that has been widely applied in practice, but, under the theory of "conduct" and "operator" these two concepts are still exist some limitations, the author puts forward effect thereby said speaking compensatory behavior. Effect says that the body of the ACTS of unfair competition, actually should include anyone involved in or influence the market competition, as long as its behavior produces the effect of unfair competition, whether its behavior is the management behavior, and no matter whether it is in the traditional sense of the operators, namely as the main body of ACTS of unfair competition. Thus, the author puts forward, ACTS of unfair competition main body important document said that theory should be qualified as the main body, behavior, effect as a supplement. Finally, combining with the international rules, and points out that the ACTS of unfair competition main body important document identification theory is the development trend of main elements gradually fade out, but let the law in our country in recent stage completely abandon the concept of "operator" is not the reality, therefore, the author thinks that the law in our country in the near future or shall retain the concept of "operator", cannot be achieved overnight, should gradually improve, until the last use general terms and conditions when deemed acts of unfair competition theory.