Research On Legal Regulation Of Unfair Trade Practices

Unfair trade practices refer to the market trading behaviors that have similar behavior nature,corresponding harmful consequences but different external perfor-mances with monopoly behavior and unfair competition behavior,neither ruled clearly in Anti-Monopoly Law nor Unfair Competition Law.Unfair trade practices destroy seriously the market competition order,consumers' benefits and the balance between the rights and obligations of market traders,with strong monopoly and unfair competition colors.Based on the harmful consequences,it can be divided into dest-roying-competition-freedom and destroying-competition-justice unfair trade practices.In Japan and Korea,it is divided into general and particular unfair trade practices according to the scope of legal appliance.In order to guarantee the healthy economy development and create a free,full and fair competition environment,it is necessary to constructing unfair trade practices legal system in China.The most important thing is revising the current Anti-Monopoly Law and Unfair Competition Law combined with problems in the law enforcement practice in China.Japan Anti-Monopoly Act and Korea Anti-Monopoly Act are very perfect.There are many successful experiences in European Union and America competition law enforcement.We can find some useful references.In the future of Anti-Monopoly Law and Unfair Competition Law revision activities,the conception of unfair trade practices should be defined firstly.New forms of unfair trade practices appeared frequently should be listed secondly.At the same time,it is important to design a reasonable legal responsibilities system and an independent,authoritative unfair trade practices commission,to regulate them effectively.