The Research On The “Legitimate Rights And Interests Of Operators”

Since the Law of the People's Republic of China Anti-unfair Competition was put into practice on December 1,1993,the theory field of competition law has always focused on the legal application of various unfair competition conducts and the application of Article 2,not paying enough attention to “legitimate rights and interests of operators”,and the practice field has not made a unified answer to the connotation of “legitimate rights and interests of operators” either,which are one part of the rights and interests protected by the Anti-unfair Competition Law.Among the current research on this issue,some summarize the “right to fair competition” as the legal attribute of the “legitimate rights and interests of operator”,while some try to epurate the “right to fair competition” from the angle of judicial practice.We should be cautious when newly creating and generating type of right,however,the current theories are relatively confusing,which not only fail to make full use of existing research results,but also have not demonstrated whether the “right to fair competition” possesses the legal rights attribute from legal point of view.Based on combating the current theories,this article will firstly research and summarize judicial practices as of now,to answer the question whether “right to fair competition” have been formed in practice or not;secondly,evaluate the nature of “legitimate rights and interests of operators” on the basis of clarifying basic civil law theories such as rights and civil litigation;thirdly,taking relevant theories and legislative purposes of competition into account,comment on the rationality of creating “right to fair competition”.