Research Of Standards Of Operator Identified In The Perspective Of Chinese Anti-Unfair Competition Law

Anti-Unfair Competition Law to identify the standard for the operator to adjust the method in the competition when the preliminary issues must be addressed. According to the traditional understanding, unfair competition law to adjust the "operator" is subject to "profit" as defined in the standard, but in reality, more and more "non-profit subjects" join in the main competition to the market and more and more acts of unfair competition will carry out, while there is not a clear definition in the established law of the "operator", leading to a lot of divergences in the legal practice. Although the standard of behavior, which is more adaptive to the development of realistic, is put forward in the theory, but it has caused more controversy, so that, there is still not a consensus standard of the operator. Based on this, with the description of three typical cases on the main differences between Anti-Unfair Competition Law to identify the standard for the operator, then to expand the discussion around the differences that the standards for indentifying should be reconstructed from the standard of subject to the the standard of behavior.In addition to the introduction and epilogue, this article is divided into four parts.The first part is describing a common law phenomenon according to three typical cases. Then, analyze the phenomenon and bring up the problems that there are still divergences in our country under the Anti-Unfair Competition Law to the operators of the practice of recognized standards.The second part is a realistic study of the divergences about the standard for indentifying the operators under the Anti-Unfair Competition Law, which led to the focus of this disagreement is the existence of "the standard of subject" and "the standard of behavior", and from legislation and the reality of conflict and tension, analyzes the reasons for producing this divergence.The third part is two aspects: First, the extraterritorial legislation against unfair competition recognized standards on the operators of the relevant provisions of the inspection, and the second is to sum up a inspiration of foreign law on the relevant legislation and legal practice for future activities from three angles.The fourth part is to submit the standard of identifying the operators in the perspective of the Anti-Unfair Competition Law should be reconstructed. The core of the reconstruction: change the standard from the subject to the behavior, and reconstruction of the implementation should be a phased and on-condition manner, but it will be established in the future legislation.