Theory Of Right Of Fair Competition

With the deep development of socialist market economy, market competition is becoming fiercer than ever before. Based on the pursuit of benefit maximization by merchant’s instinct, more and more market competition bodies take many anti-competitive action and even monopolistic conduct which are contrary to the competition principle. And these in result, disturb the normal operation order of socialist economy, so the competitive benefit of its market competition bodies is infringed invisibly. Competition is the soul of market, and market economy certainly requires free competition. However, the extension of freedom is never infinite, because infinite freedom may influence the normal operation of market economy on the contrary. By this time, the law is needed to endow market competition bodies with fair competition right, which shall make them have the qualification and prerequisite to participate competition in the fierce market competition.The paper is divided into four parts: the first part elaborates the cause and process of fair competition right from the point of world economic development history. It discusses the most original situation of competitive right by the method of historical analysis, and it describes fair competition right from historical perspective. In the way of theoretical analysis of law, the second part studies the basic connotation of fair competition right, and discusses inherent problems of fair competition right. By defining the concept of fair competition right, we can understand its connotation and denotation. And by grasping the essence, concrete constitution and legal attribute of fair competition right, we can learn the essence and scope of fair competition right in detail. The third part studies our country’s protection to fair competition right. By learning current situation of China’s protection to fair competition right, and by comparing protection situation of American which is on behalf of common law system, and German which is the representative of civil law system, then we can know the existing problems about protection to fair competition right of China. And this part also discusses the meaning that the law establishes fair competition right. The fourth part mainly studies a special implement method about fair competition right, that is,competition public litigation.