| System of exceptional application in anti-unfair competition law which is very flexible excludes legitimate competitive behavior seems unfair to the extent prohibited by law, and becomes a important complement to unfair competition law which regulates the unfair competition and maintains the market competition order in order to achieve the interests of the community as a whole. The system embodies the pursuit of multi-value targets and the balance of the interests of the diverse legal subjects in anti-unfair competition law, and seeks to achieve the coordinated development of interests of all parties and maximizes the overall interests of society on this basis. System of exceptional application also reflects the openness and responsiveness to anti-unfair competition law. Furthermore, anti-unfair competition law introduces a system of exceptional application, because it wants to adjust itself to the dynamic development of economic and social dynamically, cope with the complexity of the content and morphological diversity of various legitimate competitions and unfair competitions, and remedy the defect of the serious shortcomings of the response of the economic and social development reality the maintenance of order of market competition for anti-unfair competition law on the basis of the maintenance of the stability of its own legislation their specific national conditions. Therefore, the equity of interests and the responsive of complex reality of the market economy, makes the presence of anti-unfair competition law have a very important legal value and legal significance, and this is the starting point of the paper which discusses system of exceptional application in anti-unfair competition law in our country. China’s Anti-Unfair Competition Law has promulgated and implemented nearly20years, and the act has made the provision for the system of exceptional application. But due to the historical and practical reasons, the system of exceptional application is abnormal briefly and poor operability, and the range is relatively narrow, so it is difficult to meet today’s dynamic development of market economy and the complicated situation. Based on the above considerations, this paper discusses the system of exceptional application in the China’s Anti-Unfair Competition Law, and put forward concrete legislative suggestions for improvement. Aparting from the introduction and conclusion, the article is divided into three parts.Parti carries on a specific interpretation of the basic principles of anti-unfair competition law of the system of exceptional application. System of exceptional application in anti-unfair competition law is a system that excludes legitimate competitive behavior seems unfair to the extent prohibited by law, and is a important complement to unfair competition law. System of exceptional application in anti-unfair competition law seeks to achieve the balance and the coordinated development of the interests of society, operators and consumers, and maximizes the overall interests of society on this basis. At the same time, anti-unfair competition law responds to the dynamic and complex nature of market competition and development of market economy through its flexibility, and makes up the defects of anti-unfair competition law on the legal regulation.Part2mainly carries on a comparative analysis of the system of exceptional application in anti-unfair competition law in Germany, America and Japan,to explore the legislative and practical experience about system of exceptional application in anti-unfair competition law,to which is available for our country to refer.These comparisons discuss the following aspects, such as confusion of the market, the misleading false publicity, trade secrets infringement, the goodwill infringement, commercial bribery, predatory pricing, and illegal tyings identify their commonalities and differences as a reference for future anti-unfair competition law to modify.Part3focuses on the specific and deep discussion on the current legislation and legislative perfection of the system of exceptional application in anti-unfair competition law in our country.For the current legislation, the system of exceptional application in anti-unfair competition law in our country is abnormal briefly and poor operability, and the range is relatively narrow, so there is a huge flaw in legislation and it is difficult to meet the needs of the market’s rapid economic development. For the legislative perfection, the perfection of the system of exceptional application in anti-unfair competition law in our country should makes the modification of the Anti-Unfair Competition Law as an opportunity, learns from advanced practices in the United States, Germany and Japan, has a Classification, refinement and integration of the existing regulations of the various exceptions, such as confusion of the market, the misleading false publicity, trade secrets infringement, the goodwill infringement, commercial bribery, predatory pricing and illegal tying, adds to new exceptions, and sets up a special chapter for the system of exceptional application in the anti-unfair competition law. |
