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Legal Regulation Of Unfair Competition In Malicious Litigation

Posted on:2014-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:J H TangFull Text:PDF
GTID:2176330467465160Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In2012,"PRC Civil Procedure Law" had major amendments, and it formalizedour Litigation proceedings for regulation of malicious litigation, and it has greatsignificance. However, the motives of malicious lawsuits are diverse, the relevantprovisions of “Civil Law" are not able to cover all of them, especially maliciouslitigation caused by unfair competition of market players, but also because itself withparticularity and concealment, and cannot fully applicable to "Civil Law"requirements. On the other hand, because of fierce market competition, unfaircompetition is intensified and continues to develop and spread by the means ofmalicious litigation. If the law is not opportunely and pertinently formulate maliciouslitigation effectively, it must damage social older and legal order seriously. Therefore,this article attempts from the perspective of competition law to analyze and researchmalicious litigation caused by unfair competition of market players and to think howto regulate malicious litigation of unfair competition effectively in every levels.This article structure generally consists of four parts; the first part describescases, eliciting the problems of using malicious litigation as a new type of unfaircompetition; the second part researches what is malicious litigation as well as thecharacteristics and the elements of malicious litigation; part three studies thecharacteristics and the recognized standards of malicious litigation as a new type ofunfair competition; part four, raising my ideas and suggestions for regulatingmalicious litigation of unfair competition.This article considers that the malicious litigation as an unfair competitionbehaving among market players will appear frequently in wide market competition. Itis different from the other unfair competition actions in height cover, enormousdestructive power and low cost of being illegal etc. Simultaneously, because maliciouslitigation’s unfair competition has characters of market business competition’sbehavior attributes and the perpetrator don’t often aim at getting the interest throughlawsuits, so it also different from general malicious litigation. If this kind of unfaircompetition will not be contained, it would cause massive destruction and irreversibledamage to social and economic order and the legal order. Therefore, we shouldagainst malicious litigation of unfair competition’s characters and watch maliciouslitigation as a kind of unfair competition, in addition making special specification.Improve and modify the "Anti-Unfair Competition Law", making malicious litigation as a typical act of unfair competition included in the "Anti-Unfair Competition Law",and improve relevant laws, regulations and systems, increase the liability of maliciouslitigation of unfair competition in relevant laws and regulations.
Keywords/Search Tags:malicious litigation, legal regulation, competition law, unfair competition, liability
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