Investigation On The Judicial Confirmation Of Business Ethics In Anti-unfair Competition Law (2010-2019)

As an important basis for judging unfair competition behavior,business ethics is inconclusive.The Anti-Unfair Competition Law,issued in 1993,stipulates that operators should follow generally accepted business ethics in production transactions.This law has undergone two revisions in 2017 and 2019,both of which emphasized in Article 2(1)that operators should observe laws and business ethics in production and operation activities.The concept of business ethics is vague,and the legal provisions do not specify the criteria for its determination.There is much discussion in the academic circles but there is no conclusion,and there is no unified determination rule for judicial practice.This article takes business ethics identification standards as a research problem,analyzes the current status of business ethics judicial judgment from practical perspectives,and proposes suggestions for perfection in combination with theory.The research on business ethics in academia mainly focuses on two aspects: the research on the identification basis of business ethics and the research on the identification method of business ethics,in which the research on the identification basis of business ethics includes the study of the principles of good faith and industry practices.Business ethics has been used as a basis for unfair competition for 27 years.How does the business community recognize business ethics? What is the status of its judicial application? What are the types of unethical behavior? Few scholars have done empirical research.Therefore,the author starts with the relevant business ethics cases downloaded from China Judgment Documents Network,and uses data analysis to present the status of business ethics’ identification in practice.Starting from practice,responding to disputes in the identification of business ethics in the theoretical world,while learning advanced theories of scholars,and providing suggestions for the identification of business ethics in practice.The first part is the introduction.The first is why the author finds this topic.It has been 27 years for business ethics to recognize the nature of its behavior.What is the current status of its judicial application? What is the commonly used basis? State the research background and significance,and summarize the existing research literature.The author summarizes the controversies on the study of business ethics in theoretical circles,which are divided into the disputes on the basis of business ethics identification and the disputes on the methods of business ethics identification.After that,the research design was stated,including the research objects,research methods and research ideas.Finally,the innovations and deficiencies of this paper were pointed out.The second part is the interpretation of business ethics in anti-unfair competition law.The author introduces the legislative evolution of business ethics in anti-unfair competition law in chronological order,and try to analyze the role,function and means of business ethics in unfair competition law.The third part is the analysis of the status of business ethics in judicial practice.The author takes 415 cases as the basis of analysis,and uses the principles of good faith,industry practice,and benefit measurement that are commonly used in practice as classification criteria to explore the problems in identifying business ethics in practice.The fourth part is the reconsideration of the dispute over the determination of business ethics.The theoretical disputes summarized in the first part are combined with judicial practice to analyze and summarize the theoretical disputes.The fourth part is rethinking the identification of business ethics.The theoretical disputes summarized in the first part are combined with judicial practice to analyze and summarize the theoretical disputes.The fifth part is the suggestions for business ethics determination.Combining theory and practice,the author puts forward three suggestions,using industry practices to identify business ethics,rationally relying on the principle of good faith to identify business ethics,and a trinity business ethics identification method.