Acts Of Unfair Competition And Legal Recognition

Our country market economy development is still at the initial stage. It is just the time that the inappropriate competition behavior is in vogue. The research of the law of counter- inappropriate competition is very important to the maintenance of normal competition order, and also it is significant to guarantee the health development of the market economy. The inappropriate competition behavior and its definition by law are the most important and the core question in the implementation of the law of counter-inappropriate competition. This article elaborates the connotation, the extension, the law recognized general standard, the procedure pattern and recent development trend and its countermeasure of the inappropriate competition behavior through 4parts.The inappropriate competition behavior is disadvantageous to the healthy development of the market, enables the market to form the benign competition. It also makes it unable to establish the normal competition order. The inappropriate competition behavior has its economical, social, moral and the legal reason. The inappropriate competition behavior is obviously different from the limited competition behavior and the monopoly behavior. But they still have something in common. Opposite to the general abuse of authority, the violation object of the inappropriate competition behavior is border.The limit about the inappropriate competition behavior is always the core question of the law of counter-inappropriate competition .Mainly obtains to its limits are from the moral judgment and the legal standards. The limit in moral judgment mainly is the honest credit commercial ethics morals. But its legal standards have included the general provision, the important constituents and the use in exceptional situations. The law of counter- inappropriate competition of our country present only to have a limited general provision which needs to carry on the supplement consummation. But the important constituents of the inappropriate competition behavior also include the main body, subjective aspect, violated object, objective aspect and its nature, and so on. As a result of the social economy development peculiar circumstance, the law of counter-inappropriate competition also to have its use in exceptional situationsRecognition of the inappropriate competition behavior also needs in the procedure newly to construct, besides to need the moral judgment and the legal standards. The ideal control pattern of inappropriate competition behavior is taking judicial control primarily, by administrative control and social intermediary organization as auxiliary, realizes with difficulty in the judicial control, or the realization cost excessively is high or in the efficiency excessively low situation, only then involves by the administrative organ carries on the control. This control pattern needs a more nimble organization to carry on the operation.Recently, the inappropriate competition behavior has its new form of development in area of intangible asset, international trade, internet and advertisement. Facing the inappropriate competition behavior unceasingly transforms new way in the new domain, it is necessary to revise the law of counter-inappropriate competition. We need to increase the types of appropriate competition behavior, supplement the area which the law of counter- inappropriate competition has not involved. Also we have to change legislation technology, strengthen the linkup with the other laws and make legal liability stipulation better.