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"Anti-Unfair Competition Law," Attributes Of Economic Law As Behavior Structure Perspective

Posted on:2012-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:T FuFull Text:PDF
GTID:2216330338471746Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The "Anti-Unfair Competition Law" enacted in 1993, The implementation of the law for our economic prosperity and development of the marker played an important role . But with the deepening of the economic development of the market . Increasingly fierce market competition , The law has been difficult to meet and adapt to market economy, amend the law urgently. SAIC launched the revision for the""Anti-Unfair Competition Law"in 2003,But still not be issued now, this shows the law amend is very difficult. The reason from lacking of legal theory the department of law's that because of the controversy for the law attributes of the law department to support the law amended. It comfirm""Anti-Unfair Competition Law"belongs enconomic law have great significance for revision of the law . The law adjust the social relations is through realizing of the legal subject behavior,The legal adjust the to social relation is materially is a behavior.It is more advantageous to congnitive nature of the legal system and find the law department for institution as the angle of view of legal act.For Anti-Unfair Competition Law,anti-competition is a legal act and formed Behavior structure is belong of act of Market Manager and Market operator.The study of extenal relationa for Behavior structure and Analysis of the structure of their own behavior,the Anti-Unfair Competition Law is economic law.The civil law and administrative law adjustment model have limitations and theory confliction for "Anti-Unfair Competition Law"behavior structure.The duality of behavior structure, behavior model legal relation arising from acts, behavioral effects in Anti-Unfair Competition Law all has characteristics of economic law obviously.Therefore,as the perspective of the behavior of the structure can be seen"Anti-Unfair Competition Law"has the attributes of economic law.The law attributes of"Anti-Unfair Competition Law"been identified can help to provide the basis theory of the law department for amendment.For Anti-Unfair Competition Law should be use operator to perfect the system of specific rules,let the market Manager and market oprator inteact each other.Mutual cooperation,The fight against unfair competition and Maintain the market competition order,Promote the commom development of interests.
Keywords/Search Tags:Behavior, unfair competition, Market Manager, Market operator, Economic law
PDF Full Text Request
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