The Analysis Of The Judicial Application Of The "General Provisions" In Anti-Unfair Competition Law

With the continuous fierce market competition,a large number of unfair competition behaviors have been exposed.There are always characteristics of diversity and complexity in unfair competition behaviors.Especially the new types of unfair competition behaviors that have emerged today,the scope of which is far beyond 7 types of unfair competition acts are listed in the specific provisions of Anti-Unfair Competition Law.Unfair competition behavior needs to be regulated,because letting it develop will break the normal competition order of the market and harm the legitimate rights and benefit of honest operators and good consumers.The healthy development of the market is of vital importance.If we want to make the market competition order developed effectively,the unfair competition behaviors which can not be regulated by the specific provisions should be adjusted in the Anti-Unfair Competition Law.Therefore,the judges must combine with Article 2 of the Law,namely,the general provisions of Anti-Unfair Competition Law,to determine the legal liability of the wrongdoers in practice.Based on this,the author considers the unfair competition behaviors that can not be adjusted by the specific provisions as the starting point,focusing on the case of the unfair competition dispute between Guanghui Company and Jinhu Company.Then combining the specific way between theory and practices,to deal with related disputes in practice better in the future.This article is divided into four parts generally: the introduction is the first part,which includes the purpose and significance of the research,the problems in the existing research,the research content,and the research methods.The second part is the main text part,which has the following aspects in turn: The first is the brief introduction of the case and the focus of the dispute.In this part,the author makes "whether Guanghui Company and Jinhu Company are the subjects of unfair competition behavior" and "whether the behavior of Jinhu Company can be regulated by the general provisions of Anti-Unfair Competition Law" and "Related Issues of Legal Responsibility of Jinhu Company" as the focuses of the case;the next section is the analysis of the case,which aims at the subject,the behavior,and the legal liability of the "unfair competition dispute between Guanghui Company and Jinhu Company" to analyzed in detail.The third part is the relevant thinking and suggestion of this article.This part is about the application of the general provisions of Anti-Unfair Competition Law in practice.The last part is the conclusion of the article,which emphasizing that people decides whether one is the unfair competition behavior in judicial practice should be more rigorously.The New Anti-Unfair Competition Law also bring us new opportunities and prospects.