The Application Of Law In Foreign Unfair Competition

International competitions has been continuously growing with the global economic growing quickly, thus the unfair competitions between different countries have become a hot spot in the study of international private law.The unti-unfair competition law is a regulation of great importance in the economic law of one country. The unfair competition laws differs in many ways in different countries:constitutive requirements, the standard to judge whether the way of competition is fair, or the one who has the right to sue and the way of blame is quite different. This phenomenon leads to the conflict of the unti-unfair competition law, thus the "bridge law" is needed to settle the questions.And in the practice ofjudgment in our country, the judges use the rule of tort to choose the law. The rule of tort is when facing with foreign tort the law where the tort is carried out or the tort caused an outcome shall be applied. But when the places are not the same, which law should be chose? There's not anystandard of choosing and no common regulation to follow.The first part of this article studied the definition of the unfair competition in both two ways, and analyzed the key part of the unfair competition is the order of the market, the benefit of customers and competitors, and also studied about the inner country law of many countries and found there're conflicts in those countries. That's why the conflict rule or law is needed.The second part of this article studied the practice on the conflict rule used in China, and found there's a hole in the conflict rule of unfair competition, and the common rule of tort had some disadvantages.The third part studied two ways of settling the problems. One way is to use the common rule of tort and the other way is to use the special rule for unfair competition.The forth part of this article suggested the application of special rules for unfair competition, and suggested to make different rules for different situation:when the unfair competition harmed only one specific partner and when the whole market, customers and competitors.