The General Provisions Of The Anti-Unfair Competition Law Apply To Research

In regard of new problems have appeared when some problems can not be solved by the second chapter of The Anti-unfair Competition Law's specific provision, we need legal regulation to solve itand then the problem about application of the general terms arise.Thus, the scholars come up with different opinions about the studies of general terms of Anti-unfair Competition Law.At the same time,the ways of the application of the general terms of Anti-unfair Competition Law are different in practice.This article mainly talks about the general terms of the application of the general terms of Anti-unfair Competition Law, and then analyzes the problem of how to determine the legal interests in typical cases and standard of determination of illegal behavior.Then,this article combines the legal analysis, introduces the basis of the legislation of other countries for reference to perfect the application of the general terms of Anti-unfair Competition Law,and puts forward the feasible judicial review standard.Thus, we can effectively cope with emerging acts of unfair competition in the market economy and guarantee the orderly competition of the market.The legal interests does not necessarily cause the protection of the law. In competition, damagedlaw interests do not necessarily get legal remedy, which requires judgment about illegal behavior.Standards of judgment of illegal behavior is abstract and not specific,so we need concrete example to elaborate to the typed cases.Typed method is applicable in the use of the general terms of The Anti-unfair Competition Law, in that the use of the application has mature theoretical basis and been generally used.As a result, at the end of this article, in view of the The Anti-unfair Competition Law's general terms,we discuss the judgment mainly fromtwo aspects ——the legal interests and illegal behavior to improve the typed method standard of the application of the General Terms of The Anti-unfair Competition Law.