The Study On The Distribution Of Subjects Enforcing The Anti-unfair Competition Law(AUCL) In Our Country

As the social profit-based relationships become complicated and the science and technology develop rapidly, the market failure caused by the purely free competition can not be redressed by the market only, which, together with the diversification of the social structure, demand that subjects enforcing the AUCL should have stronger social regulatory power. Nonetheless, there leaves much room for the set-up of subjects enforcing the AUCL to be improved in China. In view of this fact, the present thesis firstly employs a couple of cases to draw forth problems concerning the set-up, then analyzes reasons for these problems, finally delves into experience drawn from international practices in the set-up of subjects enforcing anti-unfair competition laws. The author attempts to propose her viewpoints on the establishment and perfection of subjects enforcing the AUCL. The thesis falls into four parts.The first part is devoted to cases analyses. dualistic/binary,By presenting the case that Nujiang marketing department of China Pian'an Insurance Company sued Nujiang industrial and commercial bureau for its unqualification to perform the subject enforcing the AUCL, the author puts forward the theme of the thesis, viz. the binary administrative enforcement of the AUCL. According to the Law of the People's Republic of China against Unfair Competition, industrial and commercial management institutions and industry regulatory departments share the right of law enforcement, There are many drawbacksThe second part of the current body of anti-unfair competition law Status, problems and root causes were discussed. Enforcement of anti-unfair competition law makes the subject of the main multivariate binary setting, law enforcement law enforcement agencies the right to split overlapping causes bloated, terms of offside and absence; close supervision of law enforcement agencies is not conducive to fair and unfair competition law implementation. Which led to the root causes of conflicts is increasingly sharp dispute over departmental interests subject to industrial policy and competition policyThe third part dwells upon the experience drawn from international practices in the set-up of subjects enforcing anti-unfair competition laws. In Western European countries, judicial organs play the role to curb unfair competition, in its broad sense, internatinally speaking, there are two modes of Competition Law enforcement, that is, unitary mode and binary mode, the typical representative of the former is the Commission of the European Communities. These have a certain degree of enlightenment in China.The fourth part presents an elaborate account of the necessity, principles and measures concerning the establishment of the unitary mode. The unitary mode adapts to social development and helps to make governments more responsible and enhance the efficiency of law enforcement. In the light of principles of unity, independence, authority, notarization and statutoriness, the law enforcement subjects restrain unfair competition. State Council-independent,In addition, specific dollar industry and commerce administrative enforcement model is the management agency responsible for a unified anti-unfair competition law enforcement, but also attach importance to the judiciary and the private sector in the regulatory acts of unfair competition in the role.