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The Research Of Fair Competition Right In Competiton Law

Posted on:2013-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z B LinFull Text:PDF
GTID:2256330395992766Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Rights and obligations have always been the core content in the legal system. And they are also the research center of departmental laws. The protections of various interests by different departments of law have distinctions in the scope, level, the way, rather than in an order. To the performance in the right forms, rights and obligations which belong to different entities have qualitative and quantitative differences. thus forming different permutation and combination, constituting the so-called "right-obligation structure". Conversely, it is the "right-obligation structure" differences that constitute a significant difference among various departmental laws, thus establishing the important value of the research of competition law system. China’s current research of competition law mostly focuses on legal regulation problems of specific anti-competitive behavior, lacks deep analysis of "right-obligation structure" in competition law. Compared with civil law and administrative law, competition law only shows the protected interests, rather than directly setting rights and power. For example, the article1of "Anti-Unfair Competition Law" which was published in1993established the target of protecting operator and customer’s legitimate rights and interests, but did not give the operator determines the rights. Surrounded with the analysis of "right-obligation structure" in Competition Law, this paper attempts to explore the following questions:what are the legal interests of operators? Does the independent right type of competition law exist? If there is such a right, what are the characteristics and content? How to get legal protection? The answer to the above questions forms the main content of this paper. The paper follows the logical path from putting forward proposition to producing foundation, basic theory, conceiving of legal protection. And by integrately using historical research, case analysis, comparison research, normative analysis, the thesis suggests that the legal interests of operators should ascend to the form of fair competition right, and draws the preliminary following conclusions: Unfair competition and monopoly behavior damage operators’fair competition right. Fair competition right is the independent right type in competition law. The creation and generation of the right are not theoretical fictions, but based on the subjective need of departmental law rights improving and objective need in legislative, judicial practice, which has a solid economic and legal foundation. The fair competition right which belongs to operators and regards competition interest as the object is a kind of social economic right. When the fair competition right is infringed, we can solve the problem through civil litigation, competitive commonweal litigation administrative litigation, and administrative way. We can set punitive compensation as the core of legal responsibility system to safeguard the realization of the fair competition right.The structure and content of this paper are as follows:The part of introduction firstly states that, competition is the inevitable product of market economy. Because of the insufficiency of traditional civil law in maintaining the competitive order, competition law plays an irreplaceable role. Then through analyzing a case of the conflict of competition, the author puts forward the fair competition right proposition, and makes sure what needs thinking and solving, and summarizes the domestic and foreign scholars’research on the topic in present, expresses the significance of the research.The first chapter "fair competition right’s foundation" mainly describes the causes of fair competition right from the world economic history, clarifies the right’s economic foundation and legal basis. The core is the relationship evolution between government and market (including government-market option and the corresponding legal structure) led the producing of market regulation relationship which is adjusted by the new department of law--Economic Law. resulting to new social and economic rights, including the fair competition right.From the theory and reality, the second chapter "fair competition right confirmed basis" clarifies the necessity and feasibility of the situation that changing fair competition right from the natural right into legal right. This chapter primarily analyzes the right structure of competition law, the necessity of competitive law benefits rise to "right" and the status in the entire competition law system of right. Then it discusses the situation that legislation and judicial practice gradually establish and recognize the fair competition right, but still has shortcomings.The third chapter "fair competition right basic theory "mainly talks about the ontology of fair competition right. Through defining the concepts about fair competition and fair competition right. as well as differentiating and comparing the related concepts of fair competition right, this paper elucidates the connotation and extension of fair competition right. After that, it discusses the property of fair competition right, to reveal its social characteristics. Finally it expounds the specific contains of fair competition right, including the right subject, object, functions, as well as the law application.The fourth chapter "fair competition right’s legal protection system" puts forward specific suggestions about the relief way that can be used in legislation and the applicable legal liability in entity and procedural problems by comparing, analyzing the United States. Germany. Taiwan province of China and other countries. This paper argues that China should introduce competitive commonweal litigation, as a useful supplement to traditional civil litigation, and establish the punitive compensation as the core of competition legal liability system, enlarging the role of private practice in competition law.In conclusion part, the author summarizes the main viewpoints, and argues that fair competition right system has practical necessity and feasibility rather than theoretical fictions. Fair competition right should be the basic category of rights in competition law, and be protected by the corresponding legal system.
Keywords/Search Tags:fair competition right, competition law, competition interest, operator, competitive commonweal litigation, punitive compensation
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