Research On The General Clauses Of Anti-Unfair Competition Law

With the rapid development of Internet technology and the national "one side of the road" strategy to further promote the prosperity of the market economy at the same time,further intensify the commercial competition,a variety of new acts of unfair competition have emerged.Although the "Anti-Unfair Competition Law" expresses a variety of unfair competition,it is only the "tip of the iceberg" relative to the complex and volatile unfair competition.In the face of various new types of unfair competition,it is necessary to introduce the general terms to regulate it by simply listing it.Therefore,the anti-unfair competition law requires the general terms,this article is in the affirmation of our "Anti-Unfair Competition Law" Article 2 is "limited general terms" on the basis of the theory and practice from two aspects of the general terms.The full text is divided into six parts.The first,second,third part can be combined as the first part,most of which is the theoretical part;The fourth,fifth,sixth part can be regarded as second parts,which is the applied part of legislation practice.The first part includes the reason for choosing the topic,research significance,research ideas,research methods and innovative points and etc.The second part is the connotation analysis of the general term.In this part,the author analyzes the causes,the nature and the status,the main features and the main features of the anti-unfair competition law in the form of "national regulation theory" or "three three theory".The third part is the analysis of the value orientation of the general clause.In this part,the author mainly analyzes the ethical moral basis and the legal value orientation of the general clause of the anti-unfair competition law with the thought and spirit of the natural law as the guidance system.At the same time,it also analyzes the function of general clause of Anti Unfair Competition Law.The fourth part is the comparison of the general provisions of the typical anti-unfair competition law in the world.It includes the analysis of the anti-unfair competition legislation in Germany,Switzerland,Japan,the United States and Taiwan.Finally,it summarizes the evolution direction of the general clause of Anti Unfair Competition Law in the world.The fifth part is the analysis of Article 2 of China's Anti-Unfair Competition Law,which mainly includes the dispute about Article 2 of China's Anti-Unfair CompetitionLaw and the analysis and improvement of the revised draft.The sixth part is the analysis of the general provisions of the Anti-Unfair Competition Law in China,including the scope of application of the general terms,the basic requirements applicable,the applicable methods and the case analysis in the judicial practice.