Research On The Concretization Of Business Ethics Standards In Anti-Unfair Competition Law

In the practice of anti-unfair competition in statute countries,the general clause have an important position.The general clause has the function of renewing the law,unifying the cognition,and interpreting the law.It is the legal basis for the court to determine the unfair competition behavior other than the law.The amendment of the Anti-Unfair Competition Law was promulgated on November 4,2017,and the second article,which is regarded as a general clause,has not been substantially revised.Article 2 of the Anti-unfair Competition Law is divided into three paragraphs,the first paragraph defines the principle of competition,the second paragraph defines the concept of unfair competition,and the third paragraph defines the concept of the operator.Since ion and openness are characteristics that distinguish general clause from specific clauses,and abstraction can easily cover unforeseen situations,so the abstract competition principle is the core content of general clause.Business ethics is the sum of various good and evil value orientations in which operators deal with internal and external interests in market competition activities.The principles of freedom,equality,fairness,and good faith express the value pursuit in the field of competition and are consistent with the connotation of business ethics.The Supreme Court also pointed out that the principle of good faith is more reflected in the form of business ethics.Therefore,this paper argue that business ethics can summarize other competition principles including the principle of good faith.The general clause are based on business ethics,and the standard of judgment based on business ethics is the standard of business ethics.In practice,on the one hand,the judge repeatedly applies the business ethics standard when determining the new unfair competition behavior,on the other hand,the judge has different opinions on how to determine the business ethics in the case.In order to solve the specific problem of business ethics,this paper introduces the basic connotation and characteristics of business ethics,analyzes the shortcomings of the existing applicable methods,introduces the method of interest measurement and procedural thinking mode,and classifies the improper behaviors that violate business ethics.This paper is composed of the following four parts:The first part discusses the general clause of the anti-unfair competition law,introduces the meaning and function of the general provisions,as well as the reasons why the business ethics standards become the core content of the general clause.The second part discusses the basic connotation and characteristics of business ethics standards.The basic connotation includes the value origin and boundary,and the characteristics include mandatory and uncertainty.The third part summarizes the current situation of the judicial application of business ethics standards,introduces the application methods based on traditional business ethics,industry practices,and the rules for the creation of judges,analyzes their shortcomings,and puts forward suggestions for improvement.The fourth part puts forward personal suggestions for improving the evaluation criteria of business ethics.Firstly,it discusses how to overcome the limitations of industry practice methods,then introduces interest measurement methods and procedural thinking to provide reference for concretization,and finally types unfair competition behaviors that violate business ethics,aiming to help judges adjudicate cases based on business ethics standards.