Legal Interests Of The Anti-unfair Competition Law

Law against unfair competition is mainly composed of norm of obligation oriented, and uses administrative means for adjusting. But some significant interests which exist in the market might not be fully protected by the law only through this mechanism. Actual life requires us to pay close attention to another legal concept——legal interest. We hope that these legal interests in law against unfair competition is able to be announced and admitted, and to be guaranteed and protected by law to a certain extent. The dissertation discusses what legal interest is, what its significance to the law and how to recognize and analyze it.Legal interest is different from rights stipulated in law. It means the just benefit which is indirect admitted and passive protected by law. Legal interest is characterized with obscurity, gradation and passive protection. Suggesting that concept in law against unfair competition, helps know defect of traditional adjusting means, makes clear a basis on which the sufferers could ask for judicial remedy, and then makes the law more perfect.The objection of protection in the law against unfair competition includes the legal interests of competitors (direct and indirect), consumers and the society. That we discussed in this dissertation bases on the classification. These legal interests in the law are not always in harmony, they have conflict and contradiction sometimes. The dissertation discloses the harmony and contradiction through analyzing some classical unfair competition behaviors and does not try to judge the legal interests under single standard, especially those of more importance.