The Market Competition Right Of Research

Right is all along the core issue of law research. The research of market competition right is becoming the core content of competition law, which is the important part in economic law. Despite the research of competition law has got a great achievement in academe, there are few researches on market competition right.Just with this background, the article takes Marxism theory as the orientation of research, to go deep into analyzing the basic of economy and law that has produced the market competition right, and points out that market competition right is a due right based on the right of labor power, so it ought to become a legal right to be protected by the law as soon as possible.The market competition right is the right of the business operators to get profits by right of their own labor power in the fair competition. To prove the market competition right is an independent legal right, what should first do is to understand the market competition relations. Through analyzing the market competition relations, this article proposes a new viewpoint that the market competition relation is an economic relation which basis is the labor ability and which core is competing for profits. There should be a new legal right to adapt to this kind of new economic relationship. The market competition right is just the result of the new relationship. The second, through the analysis of the market competition right, this article maintains that the market competition right completely conforms to five essential factors of the right constitution, so it may become a legal right, and it has the solid right source——the right of labor power.Finally, the article demonstrates the independence of the market competition right, and points out that the subject of market competition right is the market operators so it is specific. The object is profit that is a kind of incremental benefits. The capacity contains six parts that are the free attending right, the free competition right, the equal opportunity right, the equal treatment right, the right to seek equal legal protection, and the remedial right for loss. The subject, the object and the capacity are different from those of other rights fundamentally, so the market competition right is independent.The right should include remedy. The right without remedy is in name only. As the most important economical right of the business operators, the market competition right should be protected more perfectly. First of all, it should be confirmed explicitly that the operators enjoy the market competition right in the law. Secondly, an independent authority institution should be set up to protect it. Finally, it is the most important to establish the"litigation against unfair competition"to carry on the judicial protection for the market competition right.