On The Revision And Perfection Of The Anti Unfair Competition Law In China

Anti-unfair Competition Law is the basic law of market competition, known as "economic constitution",playing an irreplaceable role in protecting fair competition and preventing unfair competition.China’s Anti Unfair Competition Law enacted in 1993, has now passed two decades.Although great achievements have been made, the law has long been unable to apply to the new situations of the society,the lag of the law is becoming more and more significant.This paper uses a variety of research methods,and analyzes the current situation of China’s Anti-Unfair Competition Law,then puts forward suggestions on the problems of the law.The definition of unfair competition is the core of this law, and it is the basis of the determination and application of the law.On overview of unfair competition and anti unfair competition law, this paper mainly described the concept of unfair competition. The forms of the unfair competition is changeable and is harmful for the order of the market competition, so it is necessary to regulate the unfair competition. Most of the countries in the world attaches great importance to the legislation of anti unfair competition, and never stop improve it. Now, Anti-unfair competition law presents an international development trend. The law in our country starts late, because it formed in the transition period, has great limitations :the unscientific definition of unfair competition;inconsistent terms;existing antitrust provisions;some of the provisions being too abstract; poor operation;issues of law enforcement;unreasonable punishments;unreasonable set oflegal responsibility.Especially,the law is unable to limit new types of unfair competition.Several new types which often occurscannot be adjusted, like: new confused behavior, comparative advertising, reverse passing off,premium sales and so on. Then this paper analyzes the reasons from the economic, social, moral, legal aspects. At the last part the paper puts forward the countermeasures and suggestions from five aspects to improve and modify on the problems mentioned before.