On The Civil Damages System Of The Act Against Unfair Competition In China

The Act Against Unfair Competition in china has already been implemented more than nineteenth years. The law played an important role in maintaining the market fair competition environment, standardize acts of unfair competition, protecting the legal rights and interest of operators. Civil damage is an important way to safeguarding the victims’legal rights and interest in unfair competition in the law, and it’s also the only civil liability form of the law. So its highlight position is visible and obviously. However, so far the civil damage in the Act Against Unfair Competition did not attract the legislators’attention, the overall civil damage system has been guided by the twentieth of the law, and it intend to deal with liability of civil damage in all unfair competition cases. It clearly the strength is not enough. In the judicial practice, due to the lack of sufficient theoretical support which affects the compensation for the victims, is also not conducive to the value of the system into full play.The theoretical basis on civil damages of the Act Against Unfair Competition, affirming the tort character of the acts of unfair competition firstly, the acts damage the legal rights and interest of operators and its character is legal interest. Secondly, introducing some theories on general concept of the civil damages of the Act Against Unfair Competition, constitutes and also. Finally, comparing with the civil damages of the civil law to conclude that the system has its own particularity and the civil law is a supplement in dealing with these cases. It also gives theoretical support in independently discuss these issues.Through selecting representative civil damages system of the Act Against Unfair Competition of some countries and regions, these includes United States, Germany, Japan and Taiwan region of China, it can be found that the system form is not the same, but some practices give us enlightenments. Although the civil damages system of the Act Against Unfair Competition is regulated by legislation in our country, it’s too broad and it exists some problems mainly about:the principle on civil damages is single, the scope of civil damages is fuzzy, the calculation methods is worse operation, and the burden of proof by plaintiff.In view of the problems above, through targeted research on the aspects of legal provisions and practices by those countries and regions, and combine with our actual situation, some measures are proposed to make the civil damages of the Act Against Unfair Competition in china more perfect. Firstly, introduce the principle of punitive damages as a supplementary application principle. Secondly, detail the scope of the civil damage. Thirdly, innovate in damage calculation methods. Finally to relief the plaintiff’s burden of proof.Facing all kinds of acts of unfair competition frequently occurred in the market, with the law amended nowadays, Only if we establish completed the system, can it better realize the maintenance for fair market competition, legal rights and interests of operators and social fairness.