The Definition Of Competition Relations In The Anti-Unfair Competition Law

As the core of the economic and legal system,the aim of our Anti-unfair Competition Law is to protect the competitive environment of the market,improve the efficiency of economic development and safeguard the public interests of the society.Since the enactment of the Anti-unfair Competition Law of China in 1993.it has played a great role in protecting intellectual property rights,safeguarding fair competition in the market,and protecting the legitimate interests of operators and consumers.However,due to the long-term legislative guiding ideology "should be coarse rather than thin",as well as the late dev elopment of market economy in China,which leads to the limitation of the theory and reality of competition law.there are some controversial problems in the judicial application of this law.From large judicial practice against unfair competition,it is shown the competitive relationship between the original defendants has become an important issue in the identification of plaintiffs subject qualification.and the judgments of the courts and the theoretical opinions of the academic circles are also different from each other.Unfortunately,in the 2017 revision of the Anti-unfair Competition Act.we did not see complementary provisions on such issues.In order to determine whether an act is unfair competition or not and whether it is necessary to take competition relationship as a prerequisite,there is no clear regulation in the current law.There is also controversy about this issue in theorists.So,the Anti-unfair Competition Law need to take competition relationship as the premise,especially in the new unfair competition disputes involved in the Internet field,does it need to investigate the existence of competitive relationship between the two disputing parties?The author thinks that it is very important in theory and practice to study the competition relationship of anti-unfair competition law to regulate the behavior of market subjects and maintain the market orderIn this paper,I will use the methods as so:literature analysis,case analysis and comparative research to analyze the problems of this paper.In order to prove that the central point of the article,that is,the anti-unfair competition law,still requires the analysis of the competition relationship as the logical starting point,otherwise,the boundary between it and the other law will be blurred,which is not contribute to the legal system stability.At the same time,in some areas where cross-border competition is more frequent,such as Internet competition,appropriate relaxation of the identification of indirect competition relations can also be user-oriented to determine whether unfair competition has taken place,which is harmful to consumersundefined rights and interests.Consumer protection groups can be granted the right of action to compensate for the identification of competitive relationships in such acts.My paper includes the following five parts:the first part is the introduction a case,from Baidu Netcom Technology Co.,Ltd.V.China United Network Communication Co.,Ltd.Qingdao Branch.Qingdao Olympic Business Network Technology Co.,Ltd.China United Network Communications Co.,Ltd.Shandong Branch,Qingdao Peng fei International Air Travel Services Co.,Ltd.Unfair competition dispute case,to extract the central issue of this article,that is.in the rapid development of science and technology in the Internet.Whether the impact of the original competitive relationship of the criteria.The second part,through sorting out the cases in judicial practice,abstracts out whether the judge takes the determination of competition relationship as the premise and how to define the competition relationship in all kinds of unfair competition cases in practice.The third part analyzes the legislative purpose of anti-unfair competition law through the normative investigation of the competition relationship,and examines the comparative law,mainly the German anti-unfair competition law of the competition relationship in the legislative documents to sort out.Try to corroborate the point of view;The fourth part analyzes the theory dispute and the practice demand of the competition relationship,the theory dispute is mainly aimed at the competition relation in the academic circles,the practice demand is aimed at the current situation of cross-border and cross-industry competition in the Internet field.How to apply the competitive relationship;In the fifth part,we summarize the path selection of the definition of competition relationship,and draw the conclusion that China should not only adhere to competition relationship as the starting point of anti-unfair competition law,but also prevent the excessive expansion of the broad-sense determination of competition relationship.Cause a waste of judicial resources.The behavior of harming consumersundefiried rights and interests can be regarded as a factor to examine the broad competition relationship and whether the abstract consumerundefineds rights and interests are damaged as the aspect of the identification of the broad competition relationship.To protect the interests of consumers in anti-unfair competition law.