The nature of competition law from a jurisprudence professional perspective 50

1) Prohibition of monopoly cover-up;

2) prohibit slippery and restrictive competition;

3) Prohibition of unfair competition and giving way to travel;

4) Determine the competition management system;

5) Determine the competition regulation procedure system, etc.

What is Anti-Unfair Competition In the formal sense of Anti-Unfair Competition Law, refers to a written law named after the "Anti-Unfair Competition Law" or similar names, in addition to the legislation of Germany. Others include the Greek Law Against Unfair Competition of 1913, the Austrian Federal Law against Unfair Competition of 1923, the Polish Law of 1926 on the Suppression of Unfair Competition and the Japanese Law on the Prevention of Unfair Competition of 1934. Anti-unfair burial when competition is the norm for adjusting the competitive behavior of enterprises.

It was first born in the capitalist countries of Western Europe in the late 19th and early 20th centuries, and has developed into the core of economic law in capitalist countries. In some countries, the Anti-Unfair Competition Law and its auxiliary laws and regulations have played an extremely important role in maintaining the country's economic order and protecting fair competition in the market. The concept of unfair competition was first used in the 1883 Paris Convention for the Protection of Industrial Property, Article 10 of which provides:

Any act of competition contrary to the habit of good faith in industry or commerce is an act of unfair competition. In 1896, Germany enacted the first law specifically prohibiting acts of unfair competition, the "Anti-Unfair Competition Act", which was the world's earliest special law on anti-unfair competition. On September 2, 1993, the Third Session of the Standing Committee of the Eighth National People's Congress of China passed the Anti-Unfair Competition Law of the People's Republic of China, which came into force on December 1, 1993.

The law is divided into 5 chapters and 33 articles, the main contents of which include: the concept of unfair competition; the legal limits of acts of unfair competition; supervision and inspection of acts of unfair competition; Legal responsibility for violators.

Article 6 of the Anti-Unfair Competition Law of the People's Republic of China: Business operators must not carry out the following confusing conduct, leading people to mistakenly believe that they are the goods of others or have a specific connection with others: (1) Unauthorized use of marks that are identical or similar to the names, packaging, decorations, and so forth of goods that have a certain degree of influence on others; (2) Unauthorized use of another person's influential enterprise name (including abbreviations, trade names, etc.), names of social organizations (including abbreviations, etc.), names (including pen names, stage names, translated names, and so forth); 3) Unauthorized use of the main body of a domain name, ** name, web page, etc., where others have a certain influence; (4) Other acts of confusion that are sufficient to mislead people into believing that they are the products of the Hongren or that they have a specific connection with others.

Summary. Article 1 of China's Anti-Monopoly Law stipulates that this Law is enacted for the purpose of preventing and stopping monopolistic behaviors, protecting fair competition in the market, improving the efficiency of economic operation, safeguarding the interests of consumers and the public interest, and promoting the healthy development of the socialist market economy.

Competition law in the narrow sense includes + and +. + Both of these laws are designed to safeguard competition.

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Competition law in a broad sense includes two parts: anti-monopoly law and anti-unfair competition law; However, the competition law in the narrow sense only refers to the anti-monopoly law, and does not include the anti-unfair competition law.

The legislative purpose of the Anti-Monopoly Law is to prohibit monopoly and other acts that restrict competition, to create a good environment for fair competition, and to give full play to the role of the market in the allocation of resources, so as to ensure the healthy development of the market economy.

Article 1 of China's Anti-Monopoly Law stipulates that this law is enacted in order to prevent and stop monopolistic behaviors, protect fair competition in the market, improve the efficiency of economic operation, safeguard the interests of consumers and the public interest, and promote the healthy development of the social market.

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Concept: Competition law is a reflection of the general and essential characteristics of objective things, and an abstraction and generalization of the common characteristics of things. The concept of competition law must reflect the essential characteristics of competition law. According to the general understanding, competition law includes anti-unfair competition law and anti-monopoly law.

Competition law refers to the general term for the legal norms that regulate market behavior and protect and promote market competition in market economy countries. The social relations regulated by the competition law are commodity competition relations. Competition is the most important operating mechanism of a market economy. Without competition, there will be no vitality in the market, and there will be no motivation for operators.

Essence: market competition.

The interpretation and essence of the competition law is nothing more than the survival of the fittest and the survival of the fittest.