Research On The Application Of Law Against Unfair Competition To The Third-party Inducement Of Default

There are plenty of shortcomings in Contract Law and Tort Law regarding regulations of third-party inducement of default,including lacking protection of consumer rights and the difficulty of maintaining market competition order;resort to Law against Unfair Competition has corresponding advantages in these aspects,therefore,it is feasible to apply Law against Unfair Competition to third-party inducement of default.In China's current practice,there has been application of Law against Unfair Competition to adjust third-party inducement of default,and the academic community has begun to pay attention to this issue.However,there are some difficulties in the application of Law against Unfair Competition to third-party inducement of default.Firstly,according to the current legislation,the basis of applying Law against Unfair Competition could only be found from the second article of it.Due to the ambiguity of the second article,the judge is cautious about recognizing unfair competition behaviors by the second article.Secondly,since Law against Unfair Competition fails to empower the administrative body to regulate third-party inducement of default,the strength of Law against Unfair Competition is weakened.Finally,the current Law against Unfair Competition only entrusts operators the right to sue,but no right to sue for consumers.As a result,it is tough to protect the interests of consumers from indirect damages from third-party inducement of default.On the basis of analyzing the attributes of third-party inducement of default in Law against Unfair Competition aspect,combined with elements of tort and unfair competition,this paper analyzes the elements of the act of inducing the breach of contract to establish the unfair competition behavior,studies difficulties in the application of Law against Unfair Competition to third-party inducement of default,and puts forward some suggestions.Apart from the introduction and conclusion,the body is divided into four parts:The first part is an overview of the application of Law against Unfair Competition to third-party inducement of defaults.Firstly,through the introduction of the anchor Zhu Hao case,it puts forward the issue of regulation of third-party inducement of defaults through Law against Unfair Competition.Secondly,it summarizes the definition of the third-party inducement of defaults.Thirdly,it explores into the legal attributes of third-party inducement of defaults,including the Tort Law attribute and the Competition Law attribute.Finally,it discusses the relationship between the third-party inducement of default and efficient breach and argues that improper third-party inducement of default does not necessarily satisfy theconstituent elements of an efficient breach.The second part is about the feasibility of application of Law against Unfair Competition to third-party inducement of default.This paper introduces the status quo of the law application of the third person's inducement of default,analyzes the problems of relevant regulations in Contract Law and Tort Law,and explores the advantages and feasibility of application of Law against Unfair Competition to third-party inducement of default.The third part is about the problems of application of Law against Unfair Competition to third-party inducement of default,exploring the problems from three aspects,which are the insufficiency of the second article of Law against Unfair Competition,inadequate administrative enforcement,and insufficient protection of consumers' rights.The fourth part is the proposals for improvement of Law against Unfair Competition regarding the third person inducement of default.With reference to overseas practices and practice in Macao,combining the elements of tort and unfair competition,the author analyzes the elements of the third party's inducement of default to constitute unfair competition.This part also puts forward corresponding suggestions for the obstacles of application of Law against Unfair Competition to third-party inducement of default.