On China's Anti-unfair Competition Law, The Legal Regulation Of Lottery Sales System

Market economy is a competitive economy. An effective competitive method is very important to get the competitive superiority for the sellers. Premium sale is an important one of all methods. Premium sale is just a two-edged sword: its negative consequences are conspicuous day by day, affecting consumers' choice of commodities, reducing competition efficiency of the market, and producing false market guidelines. At the same time, using premium sale in an improper way can break the competitive order and damage the benefit of consumers. Nowadays, our country is in the beginning of socialism market economy construction, premium sale has its unique position. So, we must adjust prize sale to legal system to in order to vindicate consumers' rights and interests, to promote efficiency in marketing competition, and to strengthen the cooperative efficiency of the current law. And that is also our sacred mission.At the moment, the research of premium sale concentrates in the economics. Some market economy nations also research it as a legal phenomenon for its consequence. In China, the research of premium sale is not deep going, because the market economy sets up more later. We have no clear idea of its concept, form, legal responsibility, and so on. If we can not resolve these problems properly, the illegal premium sales will break our fair competitive sequence, we will not standardize the prize sale effectively.The full text gives four chapters, mainly solving the problems as above.Chapter one, it is the exposition about the concept, type and characteristic. For example, according to harm of sale behavior under cost price, subject of illegal sale behavior under cost price only is manager with market dominant position; the illegal sale behavior under cost price mainly includes four aspects; regulation of prize sale with gift does not accord with regulation of sale behavior under cost price; it should be improved about legal liability of illegal sale behavior under cost price. At the same time, along the development of the market economy the commercial bribe has become the action to be harmful for the normal competition from nation's construction to trade between people. Commercial bribe is harmful to the collection of the tax. Many countries' properly have been occupied because of this action. So the commercial bribe interferes the normal competition seriously. It's a typical unfair competition. In this article the author explicates the concepts and character of the commercial bribe. Commerce as an essential means for the development of economy is playing a more and more important role in pushing the society forward in modern society. But the essence of commerce lies in the fact that merchants make their profits through "the thought of selves", they might try to maximize profits as greatly as possible. When the pursuit of maximum profits is free from the control of correct value and perfect systems, illegitimate commercial conducts, for example, fraudulent conducts might come out of control. However, this part is not a simple narration, neither adhere rigidly to the textbook, nor imitate other jurists' view, but proceed from objective reality, the numerous premium sales and complicated various complicated behavior put forward brand-new categorized method and to argumentation to establish important document. Meanwhile, through the method compared, rearrange various actions of premium sale from another new angle. Chapter two, expound the current situations and problems of the law in standardizing the premium sale. Chapter three, it is comparing and learning. China is evolving into a market economy. A market economy has honesty as its basis, honesty has creditability as its foundation, and creditability has morality as its source. Therefore, honesty and creditability are bound to be the foundation of China in the new century. The western countries have established highly effective incentive and restriction mechanism to ensure the rights in law to manage during a long development over hundreds of years. The management of Chinese has been implemented by administrative measures, and there is no enough time to complete the gradual market operating course. It has an important significance to use for the reference of the international experience when we establish and improve the incentive and restriction mechanism for the law systems. It is highly important to protect the rights of consumers in the course of socialism market economy construction. Protection of consumers' rights is a necessity in consumer - dominated economy and an important factor reach the goal of socialism production. It is applied to guide the behaviors of producers, to emancipate, develop consumption capability, pushing forward the economy growth. It is related to culture and social progress and formation of a civil, healthy and scientific life style. Chapter four, pose some proposals in consummating our competitive law. The natural choice that we manage to this social phenomenon is: Realize the essence of selling goods with prize, and ensure and develop its advantage and strong point by a series of legal structure, inhibit its shortcoming and deficiency, make consumers' interests maximizing under the frame of this legal structure.