On China's "anti-unfair Competition Law" Perfect

The current law against unfair competition of our country was made in September of 1993, which has been 12 years so far. At the beginning of setting up the market economic system, with its distinct legislative goal, clear behavior and legal liability of the strictness, law against unfair competition has played an important role in encouraging fair competition, in objecting to the illegitimate competition and protecting the legitimate rights and interests of the operator and consumer. But with the rapid development of the market economy of our country and the quickening process of integration of international economic, law against unfair competition displays its own defect more and more, which mainly lies in: 1. lack the careful norm to the new illegitimate competition behavior that appeared in the economic field, which is difficult to control new-type illegitimate competition behavior; 2. the phenomenon of legal conflict and law dismember outstands; 3. the law enforcement agency does not unify, and there is crossing and overlay of the function between the administrative law enforcement agencies; 4. compulsory administrative measure and means of investigating and collecting evidence can't meet the needs of enforcing the law; 5. the system of legal liability is not perfect, which is difficult to give play to the illegitimate competition behavior. The above-mentioned defects have shaken law against unfair competition as the legal status of the main behavior law of the market under market economy terms, and to a certain extent, have weakened its legal function of safeguarding the normal market economy order. So, it seems particularly important to revise and perfect law against unfair competition as soon as possible. On the basis of analyzing the theory research results of the illegitimate competition field, and combining the law practice of field against illegitimate competition during the last ten years, this article analyzes a great deal of questions and defects that exist in the course of its implement and legislation, tries to look for the abundant overall thinking and direction to perfect our law against unfair competition. It believes that, to perfect our law against unfair competition, we should start with several following respects: 1. perfect the central general clause, and expand the adjusting range of unfair competition; 2. step up making the antimonopoly law, and separate the restraining competition behavior out from law against unfair competition; 3. unify the administrative law enforcement agency, and break the law enforcement current apart situation; 4. strengthen the administrative law enforcement means, give the law enforcement agency an essential compulsory administrative measure, and strengthen the law enforcement dynamics to the illegal activities; 5. aggravate and detail illegitimate competition actor's legal liability, strengthen the effectiveness of investigating and affix legal liability, and improve the legal effect of law against unfair competition.