Under the current situation of trade globalization,a lot of unfair competition has appeared in transnational commercial trade.This kind of foreign-related infringement not only infringes on the private interests of competitors in different countries and regions,but also affects the market order of countries around the world.And other public interests have done harm.In view of this kind of international economic torts with a certain public law nature,legal conflicts may occur in different situations under the substantive laws of various countries.International organizations hope to establish a unified norm of competition law entities.Countries hope to adopt extraterritorial and direct application of competition law.To resolve conflict of laws issues,but due to the large number of private litigations in the field of competition law,and the extraterritorial application of competition law,and directly applicable laws and other means need to comply with various restrictions,conflict regulations still need to be considered in the field of competition law.That is the law application model.In terms of law application,the current legislation of various countries in the world is divided into two modes: general tort conflict rules and special tort conflict rules.Special tort conflict rules can better protect victims when the law is applied because it takes into account the differences between unfair competition and other torts.The interests of people.However,after the promulgation of the "Applicable Law of China",no special provisions have been made for unfair competition.In view of some deficiencies in foreign unfair competition cases in China,some legislative suggestions have been made for the formulation of conflict rules in our competition law.This article is divided into four parts.The first part starts with the definition of competition and unfair competition and the emergence of legal conflicts.The first section starts with the definition and expression of foreign unfair competition behavior and the nature of foreign unfair competition infringement.The second section is based on the definition of unfair competition in the first section.Because countries have different regulations on unfair competition and their national laws have extraterritorial effects,legal conflicts are prone to occur in the field of unfair competition.Then,reasoning about specific performance in legal conflicts.The second part discusses why it is necessary to consider the application of law in the field of competition law.Due to the dual nature of competition law,there are many models to choose from in the resolution of conflicts of laws.The model of application of law is one of them.The current three models and their relationship with the applicable model of law.The first section demonstrates the extraterritorial application of competition law.Because of the various restrictions on the extraterritorial application of competition laws in various countries,it is not possible to exhaust all cases of foreign unfair competition infringement,so the law applies.There is a need for a model.Section II proposes how the directly applicable legal model can play a role in the field of unfair competition,and demonstrates its differences from extraterritorial and legal application models.Section III introduces the current state of unfair competition in countries around the world.The current status of the legislation,there is currently no unified substantive law in the true international sense of unfair competition acts involving foreign countries,so the choice of law needs to be made through the way in which countries formulate conflict rules.In Section 4,it is pointed out that there are many private litigation phenomena in the field of competition law in the world,so the law application model has its own space and significance.The third part specifically discusses the applicable rules of foreign-related unfair competition acts in the current legislation of various countries in the world.Since unfair competition acts are actually a kind of tort,there are currently two legislative models in various countries in the world.Unfair competition infringement is the legal application model of ordinary infringement.Under this model,the law of tort is the absolute law applicable in each country,and it cooperates with the law of the court and the common law.The second section discusses the legislative practice of unfair competition infringement as a kind of special infringement,which focuses on analyzing the significance of the provisions of the Rome Regulations II implemented by the European Union in 2007 on unfair competition infringement.Choice of governing law under rules.The third section discusses the advantages and disadvantages of the two models.Because the special tort conflict rules take into account the dual nature of public law and private law of unfair competition,they can better protect the economic interests of the parties while maintaining public interests such as market order and have advantages.The fourth part starts from the perspective of China ’s legislation,analyzes some progress in the application of the law on unfair competition with foreign countries in China,and puts forward some remaining shortcomings,and analyzes the practice of China in handling foreign unfair competition cases in recent years through empirical analysis This article summarizes the characteristics of China’s legal application of foreign unfair competition cases,and puts forward some legislative suggestions for China to further improve the legislation of foreign unfair competition behavior. |