The Legal Regulation Of Price Fraud

The development of Chinese economy is continue to be notable and fast when it changes fromplanned economy to market economy. Price as a invisible hand of the market economy, leading thetendency of the market, so the market can operate effectively and perfectly under a reasonableprice mechanism. Being a competitiveness economic system, market economy will lead to theprofit-driven of the merchants, furthermore will lead to unfair competition, and the price fraud isthe most common style. Price fraud is based on civil law theory, which is adjusted by civil law,administrative law and economic law. However, the regulation of the price fraud still has defectsand problems in our economical law system, especially the blank of the competition law regulation.Therefore, according to the situation, author recommends several solutions of price fraudregulation by analyzing our defects and foreign experience.The first and the second parts of the thesis are mainly about the definition, reason, and thepresentations of the price fraud, and also summarize our present situation of price fraud regulationby the view of price law, consumer law and competition law, meanwhile, author sum up theexperience from the shortage of our legislation and judicial practice, searching for the solution ofcompetition legislation which has feasibility and necessity.The third and the forth parts of thesis are mainly about the discovery of the price fraudregulation principle from foreign legislation and judicial practice by collecting and observingforeign experience. Author recommends the suggestion of how to build and promote the pricefraud regulation system by combining the economic fraud theory. The detail is to classify the pricefraud into competition law and separately make detail stipulations with the competition law at thecore. Eventually author put forward the suggestion about the stipulations of the price fraud legalliability.These four parts combine current legal achievements and problems with tremendous foreigncases, thoroughly lead to author’s theoretical supposition about how to build and promote our ownprice fraud regulation system.