On The Constitutional Protection Of Fair Competition Right

From the constitutional point of view,fair competition rights are derived from the equality of constitutional rights,economic entities to obtain competitive interests,to build a fair competitive market order and the stable development of the socialist economy and enjoy equal access to competitive position,market access And the right to allocate resources:The constitutional analysis and protection of the fair competition right relates to how the economic rights of the economic entities run in the framework of a democratic rule of law and the construction of the fair competition order of the socialist market economy:This paper starts from the basic theory of fair competition right,expounds the basic theory of fair competition power and its constitutional status:Through the study of constitutional rights of economic subject in the United States,Germany and Japan,it is believed that the economic subject is the object of protection of the constitution:Part of the basic rights in its rights can be applied to the economic subject is the inevitable trend of constitutional development,but also the inevitable requirement of economic development:Moreover,from the fair competition right from the equality of constitutional protection,the maintenance of fair competition is the deepening of the socialist market economy reform of the inherent requirements of some unfair competition from the different ownership of the economic status of the wrong understanding of the Constitution.and the text of our The principle of fair competition,the principle of over-principle and so on,and the necessity of constitutional protection of fair competition right:Secondly,by analyzing the constitutional interpretation and.constitutional precedence of the 14th Amendment to the Constitution of the United States,the principles of socialism,equal rights,freedom of competition and constitutional appeal and the referee of Japan's Supreme Court under the Basic Law of Germany,combined with China's fair competition The constitutional protection of our country,and the constitutional protection of our country's fair competition right should be rooted in its own constitutional tradition and national conditions,and that our country can explain the constitutional protection of the fair competition power through the constitutional interpretation and should guarantee the fair relief power of the litigation relief system:Any right to exercise and protection is not absolute,the law does not protect the right without borders:For the exercise of rights,the Constitution provides for express binding conditions,and article 51 requires citizens to exercise their rights without prejudice to the interests of States,societies and collectives,nor to the rights of other subjects:Constitution of the different ownership economy,the public property and private property to distinguish between protection,fair competition is the existence of reasonable differences in the constitutional basis:Through the analysis and demonstration,the reasonable difference is manifested in the field of national security,the lifeline of the national economy,the public service industry,the support of the scientific and technological progress industry,and the protection of the ecological environment:The state allows the state to protect the state-owned economy:The unreasonable difference in fair competition is reflected in the unreasonable treatment of market access and resource allocation:The reason of unreasonable difference lies in the three aspects:the level of consciousness,misunderstanding and discrimination on the constitutional status of non-public economy and public ownership economy;normative level,legal norms and relief mechanism is imperfect;institutional level,fair competition rights suffered unreasonable differences in the deep-seated reasons from the administrative monopoly:The infringement of fair competition is.the irrational differential treatment of the economic subject,which is the violation of the equal rights given to the economic subject by the constitution:It is the key to solve the unreasonable difference of fair competition right from the four dimensions:one is to establish the principle of equal protection of the constitution and the idea of the rule of law in order to learn from the experience of the rule of law and perfect the fair competition power:The The second is to improve the legal system of fair competition,from the"maintenance of public interests" into the "anti-unfair competition law" legislative purposes,cieariy give the economic subjeci or(?)air competition,improve marKet access and resource allocation and other supporting competition Legal system and strict supervision of the main responsibilities of the four aspects of perfection:Third,the implementation of fair competition power administrative litigation system,the executive authorities to exclude and restrict competition behavior into the"Administrative Compensation Law" range:Fourth,to promote fair competition in the constitutional supervision,to play the National People's Congress Standing Committee to explain the power of the Constitution,on the basis of the implementation of the economic system of constitutional supervision:This article is based on the constitution,the constitutional perspective and method to explore the protection of fair competition in our country,with a view to building a more complete and systematic fair competition rights of the legal security system to maintain the economic subject of fair competition rights,to build a fair competition in the socialist market order.