Research On Damages System For Unfair Competition Behavior

Although the Anti-Unfair Competition Law of our country has made great contribution to the early establishment of the fair competition order of merit since it was promulgated and implemented in1993, but as the market economic system is deepened further, and a large number of new unfair competition behavior emerge in large numbers, the current legislation has not meet the needs of economic development, there is a serious threat to the establishment of the free and fair competition order of the market, and hindereds the healthy development of the market economy. Today, the enforcement of the Anti-Unfair Competition Law of our country is not good, and an important reason for this is the imperfections of the related legal liability system.The current responsibility system for unfair competition, which is characterised as the main administrative responsibility and civil liability and criminal liability for auxiliary, and is contrary to the international trend. There is a serious shortage for the damages system which is one of the most important, the most commonly used and most effective form of civil liability, and there is only a simple provision for the damages system in the section20of the Anti-Unfair Competition Law, the feasibility is not strong, and has seriously hampered the effect of the Anti-Unfair Competition Law. Although in recent years, many scholars on how to perfect China’s Anti-Unfair Competition Law to spread out more thorough, systematic research, but the special treat of the damages system for unfair competition behavior does not see more.In the above context, based on strengthening the implementation of the Anti-Unfair Competition Law in China, this article carries on the discussions about the fundamental legal principles of the damages system in anti-unfair competition law, carries on the comparative analysis of the related systems in Germany, the United States and Japan, and make specific recommendations to the perfection of the damages system of the Anti-Unfair Competition Law in China.Aparting from the introduction and conclusion, the article is divided into three parts.Part1mainly carries on the discussions in detail about the fundamental legal principles of the damages system for unfair competition behavior. First, there are discussions and analysis in detail about the conception and features of the damages system for unfair competition behavior. The damages system for unfair competition behavior is a special system of civil damages, with unique elements, the diversity of the main body of the right to compensation, the complexity to determine the amount of compensation and other characteristics. Secondly, there are detailed discussions on the theoretical foundation of the damages system for unfair competition behavior, including theory of tort liability and theory of the right to fair competition.Part2mainly carries on a comparative analysis of the damages system for unfair competition behavior of the major developed countries. First, there are discussions and analysis in detail about the damages system for unfair competition behavior in Germany. Secondly, there are discussions and analysis in detail about the damages system for unfair competition behavior in the United States. Thirdly, there are discussions and analysis in detail about the damages system for unfair competition behavior in Japan. The state’s the damages system for unfair competition behavior although each characteristic, but are no on the perfection of China’s anti unfair competition law draw lessons from a meaning.This part is the discussion, the part of the draw experience and inspiration of the benefit to improve the damages system for unfair competition behavior in China.Part3focuses on the specific and deep discussion on the current legislation and legislative perfection of the damages system for unfair competition behavior. First of all, there are introductions and analysis of the status of the damages system for unfair competition behavior. There are many defects for t the damages system for unfair competition behavior in China, such as determination of the amount of compensation lacks of feasibility, the compensation scope is narrow, compensates the obligee and compensates volunteer’s scope is narrow, the constitution important document exists flaw, the civil action relief mechanism is not strong, and so on. Secondly, there are discussions in detail about the perfection of the damages system for unfair competition behavior in China. There are many aspects of the damages system for unfair competition behavior in China to perfect from the following:the behavior of the element should be used general terms plus enumerated legislative model; imputation principle should adopt the principle of presumption of fault; Compensation for rights holders should increase to consumers and other market participants; obligation to compensate people should include the main body who participate in or engage in the market competition-related activities, but do not only limite to the operators who have legally subject qualifications; determination of the amount of compensation should be the mode of the actual damages based and statutory compensation for supplementary; civil action relief mechanism should be perfected from the following aspects, such as a reasonable allocation of the burden of proof, to strengthen the preservation of evidence, establishing public interest litigation system, and so on.