Research On The Application Of Business Ethics Law From The Perspective Of Anti-unfair Competition Law

With the development of science and technology,the number of emerging industries is increasing,and the trend of diversification of competitive behavior is obvious.The existing provisions of the Anti-Unfair Competition Law are limited,and it is difficult to regulate more and more new types of competitive behavior.Article 2 serves as a general clause.The supplementary role can be used as a legal basis for determining unfair competition behaviors other than those listed in the law.As the core content of the second article,business ethics embodies the basic value concept of the competition law,can regulate market order,improve market efficiency,and realize market fairness.It is also an important reference standard for judging the legitimacy of new types of competition in legal practice.However,the concept of business ethics itself is general and uncertain.Its specific content will continue to be enriched with the development of the industry.There are still many differences when it is applied in practice,and it is difficult to unify the understanding of it.Naturally,there are different judgments in the same case.The phenomenon is a huge test for referees.Therefore,this article will conduct a data analysis on the current status of the application of business ethics and laws,summarize the current specific application models of business ethics,and make suggestions for the existing application models.It is hoped that the framework for identifying unfair competition behaviors can be improved and provide a reference for judges in adjudicating such cases.Suggestions,so as to create a fair,free,and orderly competitive environment,and promote the long-term and healthy development of the market.In addition to the introduction and conclusion,this paper consists of four parts.The first part makes a basic interpretation of commercial ethics,including its origin,connotation and the commercial ethics in "Anti-Unfair Competition Law",which emphasizes the legislative changes of "Anti-Unfair Competition Law" and the application of commercial ethics in it.The second part sorts out and analyzes the current situation of the legal application of business ethics.Through data analysis,three specific application modes of business ethics are summarized,including the principle of good faith,industry practices and judges’ self-created competition rules.The third part summarizes the current predicament of the application of commercial ethics law,including the general understanding of the pan-moralization of commercial ethics,the lack of reasoning by judges,the insufficient argumentation and the problems existing in the three specific application models.The fourth part puts forward suggestions on the legal application of business ethics,including carefully grasping the applicable conditions of business ethics.Strengthen the judge’s reasoning and argumentation in the judgment;Introducing the principle of proportion,and summarizing its concept,necessity and concrete operation;Finally,the author puts forward their own suggestions for perfecting the three concrete applicable modes.