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The Empirical Research On The Regulation Of Anti-unfair Competition Law To Inducing Breach Of Contract Behavior

Posted on:2022-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:X JiaFull Text:PDF
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Inducing breach of contract refers to the behavior that the third party outside the original contract intentionally uses non compulsive means to induce the debtor of the original contract to breach the contract voluntarily,which needs to bear the corresponding responsibility.Inducing breach of contract has long been a concern in the field of contract law and tort law.However,from the cases of "unfair competition dispute between Wuhan Yuqu company and Shanghai xuanmo company" and "unfair competition dispute between Hangzhou Kaixun company and Guangzhou Huya company" that have emerged in the market in recent years,this behavior presents a strong factor of unfair competition,which also reflects the market competition there are three problems in the regulation of inducing breach of contract under the current legal system: one is the identification of the constitution of the act,the other is the determination of the illegality of the act,and the third is the specific regulation of the act.It is the logical starting point to regulate the inducing breach of contract to clarify the constituent elements of the inducing breach of contract and form an intuitive understanding of the act.However,because the legal relationship involves three parties,it is more difficult to grasp the behavior constitution than the general legal behavior,which leads to the lack of understanding of the behavior in the theoretical and practical circles.Starting from the theory of the general constitution of legal act,it is helpful to solve this problem.By analyzing the competition between the main bodies of inducing breach of contract,the subjective consideration of the actor,the particularity of the way of behavior,and the relationship between the behavior and the damage of creditor's rights,we can make a comprehensive identification of the constituent elements of inducing breach of contract,and make a theoretical preparation for the subsequent analysis of the illegality of inducing breach of contract.After clarifying the constituent elements of the act of inducing breach of contract,this paper further discusses the nature of the act.Because the legal attribute of the act of inducing breach of contract is complex,different countries,and even different courts in the same country have different opinions on the basis of the regulation of the act.For the purpose of protecting public interests,and considering the lack of relevant provisions of the civil law,we should choose Anti-Unfair Competition Law to determine the illegality of the act.In the specific application,Article 2 of the Anti-Unfair Competition Law should be used as the general standard,and the key point of judgment is whether the act of inducing breach of contract violates the business ethics stipulated in the General Provisions.Then,combined with the relevant market reality in China,because the act of inducing breach of contract has adverse effects on the competitive interests,market competition order and consumer welfare,it is determined that the act is illegal and belongs to an act of unfair competition.On the basis of behavior identification and illegality judgment,this paper finally discusses the feasible regulatory measures and legal responsibility of inducing unfair competition for breach of contract.In the aspect of pre regulation measures,based on the loosening of the principle of contract relativity,we can introduce administrative mediation and enterprise blacklist system to regulate the third party.To the judicial stage,this paper interprets the reasons of inducing unfair competition for breach of contract from the perspective of law and economics,and determines the legal liability and exemption of the act.At the same time,in view of the shortcomings of the current legislation,this paper puts forward corresponding suggestions to improve the law,in order to achieve a more comprehensive and effective regulation of the inducing unfair competition for breach of contract.
Keywords/Search Tags:Inducing breach of contract, Unfair competition, Business ethics, Regulation
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