Legal Regulation On Price Swindling

The market economy is one kind of competition economy, the fair pricecompetition is an important means of its sooth operation. But in the market, manyunfair price behaviors have seriously disrupted the normal operation of the marketeconomy. The price swindling is one of the most prevalent phenomenons, it hasharmed the legitimate rights and interests of the consumers and other operators,disturbed the normal order of market competition, and wasted the social resourcesseriously, so we must strengthen the legal rules and regulations of this behavior. Ourcountry’s fraud theory in civil law can not be fully applied to price swindling, as akind of improper price behavior, consumer fraud and unfair competition behavior,price swindling is different from civil fraud in the subjective and objective elements.Just rely on the regulation of the civil law and administrative law cannot solve theprice swindling.In foreign countries, the legal rules and regulations of the price swindling isdeveloped relatively, but mainly by competition law regulation, such as “FederalTrade Commission Law” in USA,“Anti-Unfair Competition Law” in Germany. Theyhave extremely detailed specific stipulations to the price swindling. This hasprovided the precious resources for us. In our country, the legal regulation of theprice swindling is dispersed in Price Law, Consumer Rights and Interests ProtectionLaw, Anti-Unfair Competition Law and other laws and regulations, but it existsdefects such as the low level of the legislation, the rudeness of the content, theinsufficient of the force of law enforcement and the inefficiencies of the regulatory.To make up the inadequacy of our reality, we should absorb the success experienceabout the rules and regulations of the price swindling in foreign law, regulate theprice swindling in Price Law, Consumer Rights and Interests Protection Law, andAnti-Unfair Competition Law, take measures to strength the authority, and unity ofthe price swindling legal regulation system, improve the legal liability system,strengthen the construction of the supervision system, and define the application ofrelevant laws. Through the establishment and improvement of the price swindlinglegal regulation system, we can regulate the price swindling better, maintain thenormal market competition order, and optimize disposition of society resources.