In The Theory Of Fair Competition Right Remedy Law Enforcement Responsibility

The historical process from free competition to the development of effective competition flourish the market economy again. But, there are also many behaviors such as unfair competition and monopoly that bring economy good operation of the market a lot of drawbacks. From the legal angle, legal system provides economic rights for the rechtssubjekt in the market economy. Exercising these rights is not to prohibit the competition or not let competition go unchecked but to construct a system of rights based on the originally competitive platform, to make the competition fair and efficiency. When the market economy right subject’s rights are violated, he can seek relief through the legal system, to reinstate the infringed right. We call this peculiar right of market economy "Fair competition right". It consists of the right to free competition and the right to legitimate competition. And they are correspond the rights which infringed by the behavior of monopoly and unfair competition.The competition law mainly includes "anti-monopoly law" and the "anti-unfair competition law" in our country, although both of them can sum up most monopoly and unfair competition. But they didn’t rule the content of "fair competition right", so that there are lots of obstacles as protecting these rights. The main obstacle is, in fact, the court can’t unify the litigation reason of the case, or the court only judge the unlawful act, but not protect their rights. We know that is very difficult for the subject of right to quote, in the hearing of the cases which is about all kinds of disputes of competition right. So the litigation process is difficult for them too.The government as a natural defender of market economy, they have larger powers, and the law awarded law-executor more power of regulation to limit the behavior of unfair competition. So, the right relief not only by judicial, but it can be relief by administrative power. But, it is too difficult to find some rules in law. During the course of exercise power law enforcers, law-executor may not doing enough enforcement, even abuse of power. If they infringe upon the fair competition rights directly and indirectly, according to the existing law, law-executor just assume administrative responsibility, but it doesn’t help for the compensation of fair competition right.This paper tries to trace to the source of the fair competition right, and restore the essence of it, than compared with the civil rights, finally support author’s point of view:law-executor must expanding function scope from punish, requiring them to correct to establish a special compensation mechanism of rights. Law enforcers responsibility shall be expanded, not only administrative responsibility, but also economic responsibility which assumed by the law-executor for the subject of "Fair competition right"...