Legal Regulation On Price Swindling In Our Country

Pricing issues related to the people’s livelihood, occupies a significant position inthe market economy. Economy under the rule of law is the important precondition forthe smooth development of the market economy, legal price competition is animportant means for the smooth development of competition in the market, improperprice behavior will bring great social harmfulness, price swindling is the most directand most obvious one. Once the operators implement price swindling, it will causehuge damage, broken in free competition in the market economy, disturb the normalorder of market competition rank and serious waste social resources seriously, so wemust strengthen the legal regulation of the problem.In order to regulated price swindling by law, firstly, understand the theory ofprice swindling is developed by the civil fraud, fraud theory in the traditional civil lawin our country can not completely suitable for price swindling, and it could not solvethe problem of price swindling if we just only rely on the regulation of the traditionalcivil law and administrative law. First clear the concept and characteristics of priceswindling. According to the ban on the regulation of price swindling, there are13kinds of concrete forms of expression, and then analyze the emergence of morehidden price swindling forms in the new situation. Then explore the causes of priceswindling and the harms, points out the necessity of the regulation.Legal regulation on price swindling must fully understand the current status ofour legislation. The specification of the regulatory price swindling, is mainly reflectedin the Price Law and supporting regulations, of course, the Consumer Protection Law,Law Against Unfair Competition, Advertising Law also contains some normativeprovisions. There are some problems such as laws and regulations not unified, lawsconflict and supporting laws and regulations lag behind the social development; Lawenforcement functions not clearly, measures is limited, and the punishment is notstrong enough; ignore the effect of the third subject, etc.Price fraud legal regulation in China, should also fully draw lessons from thesuccessful experience of developed countries and regions, their legal regulation onprice swindling is relatively perfect. Article enumerates the United States, Britain,France, Germany, Hong Kong and Taiwan for the regulatory status of price gouging,our country can improve relevant legislation, clear regulatory power and responsibility division, increasing penalties attaches great importance to the thirdsubject, learns the advanced experience of the relevant, consummate the legalregulating of the price swindling in our country.The theory of regulation price swindling has been preliminarily formed at present,and has certain use and development in practice, to further perfect our countryregulation of price swindling, make up for its deficiency in practice, the last part ofthis chapter puts forward some Suggestions, in particular, including improving thelegislation system, strengthening the functions of law enforcement agencies, refinedthe subject of legal responsibility, perfecting the form of the legal liability, and attachégreat importance to the third part subject, etc.