On Fair Competition, The Right Of The Operators

There is no explicit content about the fair competition right of operator on the legal framework of our country now. So it is not legal right, but nature right in existence. The economy developing needs the fair competition right of operator as stronger as it developing. The imminence of defending the fair competition of operator it's a problem as our country has no nature conception develops plenty and the perfect legal responsibility to defend the right. In order to make up the insufficiency and realize defending the right .We researching the fair competition right of operator and looking forward to benefit with practice. The subject of this thesis is"On the fair competition right of operator". The whole text is more than 50,000 characters in total. The thesis is divided into four chapters except introduction and conclusion as follows:The first chapter is to analysis the fair competition right of operator notion and character and realizes it. The first section is to analysis the operator main body exists by its behavior character. Survival need, market economy benefit run after, and the benefit distribute by government are the base of fair value; and on the right and power of competition right double character to analysis it. The second section analysis this right through its nature right, fundamental right, and public rights turn to private character.The second chapter is to analysis the base of legal confirms and protects the right by the economic principle analysis and law analysis means. The first section analysis the fair competition right of operator is the economy developing necessity through need and supply, cost and income economic principle. The second section is to analysis the legal confirms and protects base of the fair competition right of operator from constitution facet, civil law facet, competition law facet, and criminal law facet.The third chapter is to be explained the necessity and rationality in our country needs legal confirms the fair competition right of operator by comparing the protecting situation of foreign country. The first section is to compare the fair competition right and the fair competition right of operator legal protect situation of the main developed capitalism countries. The second section mainly introduces the law of EU and its institution protects the fair competition right of operator. The third section introduces the dependent situation of the fair competition right of operator in international pacts and international organization.The forth chapter bases of above three chapters, analyzing the fair competition right of operator protect situation, discovering question which it still exists, and putting forward the consummation legislation proposal. The first section introduces the fair competition right of operator creation and developing. The second section is basing of above analysis ways and careful examines the existing law protects situation and questions of our country on the fair competition right of operator. The third section proposes that our country needs to explicit legal confirm the fair competition right of operator and lay the perfect legal responsibility to ensure the fair competition right of operator must be good protected.