Research Of Market Competition Right

Modern market economy is a competitive economy,market competition is an important way to allocate resources and promote the development of society and economy.Although the market economy is formed under the order of civil and commercial law,but the market competition based on the market competition activities has a fundamental difference with the traditional rights and obligations of the private sector.Market competition is a direct relationship between the material interests of business operators involved in the market competition activities,the general theory of generation,the nature and characteristics of its legal character adjustment object,it is competition law can be used as the sub branch law of economic law fundamental establishment of elements.Market economy is also the right economy.The legal adjustment of social relations is carried out by setting the rights and obligations of related subjects the competition law to realize the direct adjustment of the market competition relations between the market operators,it must be confirmed and set operators shall enjoy rights in the market competition and must fulfill the obligations.The market competition right is a new type of private law right which should be enjoyed by the market operator.The concept of right can not only make up for the deficiency of the basic theory of competition law in China,but also solve the difficulties encountered in practice.The market competition right is a basic right of the market operator.It is also a new private right enjoyed by the market operator in the competition legal relationship except the basic civil rights.It is the main competition in the market activities of the market operators;the object is the basic material factors of the formation of market competition,the market competition of interests;it also includes the right to obtain fair share trading opportunities,equal distribution of rights and profit share rights three basic rights.At present,the competition law of our country there are still big shortcomings in the understanding of the market competition right on this issue,which we need in the competition law system of market competition right to be clearly defined,given the market operators in the market competitive power,and the advanced experience of foreign countries to establish a "non litigation" unfair competition judicial protection system for reference to build a complete market competition,rights safeguard system,which has important meaning to fundamentally maintain the market competition order and safeguard the legitimate rights and interests of operators.