The Improvement Of The System Of Making False Representation About Commodity's Quality

Making false representation about commodity's quality is stipulated in subparagraph(4) of article 5 of Anti-Unfair Competition Law. However, this stipulation apparently fails to be proved the standardized scientific legislation, which demands not only a rigorous system but a thoughtful content. First, the nature of this stipulation is totally different from the three mentioned, which also demand us to dissect and unscramble the relationship between subparagraph(4) of article 5 and article 9. This article suggests that subparagraph(4) of article 5 and article 9 shall be combined together and reconstituted by the commercial misleading system. Second, concept definition and elements analysis in the meaning of ontology, the reconstitution of liability theory and the convergence of Anti-Unfair Competition Law and other department law are the main problems that shall be taken into consideration during the process of system reconstitution. Taking these problems as springboard, this article aims to make some contributions to the amendment and improvement of Anti-Unfair Competition Law of the People's Republic of China.