Article 2 Of China's Anti-unfair Competition Law Is Applicable To The Research

This article from our country "anti-unfair competition law" article 2,the importance of the problems is to emphasize its general terms and conditions,general terms and conditions of the characteristics,determine its relationship with article six to twelve,to see the specific applied problems in practice,studies the application of the second method and solution.Empirical analysis is applied in this article,the literature analysis and comparative research of the second anti-unfair competition law shall be applicable to the specific study and draw lessons from Germany,Sweden,Austria,general terms and conditions of the anti-unfair competition law design recommendations conclusions.This article will first fundamentally is definitely the second general terms and conditions,find out the second is from several theory,the theoretical basis of the general terms and conditions from negative finding loopholes,found in the compromise that its is insufficient,again from the said must find its essence,to form a certain said point of view,and certainly China's "anti-unfair competition law" the second is no doubt the general terms and conditions;It has the characteristics of general terms,has certain certainty but is different from the principle,has supplementary and moral nature;It also distinguishes the relationship between them and articles 6 to 12 and concludes that they are related to general terms and type terms.To look at the subtlety of its provisions shall be applicable to the specific and the insufficient place,in the practical application to research its heading: in theory combined with practice in theory,in practice,summarize the concrete applicable theory to return to practice.Concrete way is to look at China's "anti-unfair competition law" article 2 will be able to include new ACTS of unfair competition,whether they have enough generality,look at China's "anti-unfair competition law" summed up the application practice of how to apply the second,to see whether the perfect combination with practice.In the study of China's "anti-unfair competition law" article 2 specific applicable,comparative method is used to study the foreign general terms and conditions of the anti-unfair competition law in order to see the flaws in China as stipulated in article 2 and the specific applicable: first,the history of the general terms and conditions from Germany to look on the general terms and conditions of carrying with the common historical mission in China and its special value,and from its seen in the history of the general clause of tort law,thus in the concrete application of special private law attribute of the reflection of China's "anti-unfair competition law" article 2 shall be applicable to the specific.Second,from Germany in the anti-unfair competition law provisions of the general terms and conditions to see their specific applicable,such as the operator's definition,understanding of business transactions,such as to its provisions of the general terms and conditions and the difference between our country and worthy of reference.Finally,from the right and the definition of the distinction between rights and pureeconomic loss to look on the protection of unfair competition behavior and ACTS of unfair competition and the definition of concrete used in the general terms and conditions is worth reference.From the development history of general clauses in Sweden to the specific analysis of general clauses,it can be seen that they regulate unfair competition from the perspective of consumers and attach importance to the protection of consumers' interests.From the Austrian general terms and conditions of the development to the general terms and conditions of the specific analysis,from the operators and consumers see Austria double Angle to curb ACTS of unfair competition,is worth learning and using for reference in our country.Finally,through comparative analysis,concrete Suggestions are put forward for the specific application of article 2 of China's anti-unfair competition law.The analysis of reference from Germany,China's "anti-unfair competition law" should be perfectly fit the tort liability act,application of imputation principle of tort liability law to to use the imputation system of ACTS of unfair competition,such penetration private law attribute in economic law,which must be "anti-unfair competition law" of the private law attribute.This is beneficial to prevent the abuse of public rights and excessive intervention,the abuse of public rights and excessive intervention can make not only failed to curb ACTS of unfair competition,instead of some new types of ACTS of unfair competition,leading to chaos in the market order.Providing relief in the form of private right relief can not only solve problems clearly and pertinently,but also effectively curb the occurrence of unfair competition at the source.From Sweden and Austria analysis concluded that curb ACTS of unfair competition from the perspective of consumers is a good choice,it not only can effectively safeguard the legitimate rights and interests of consumers,at the same time also can differentiate better between the boundaries of unfair competition behavior and ACTS of unfair competition.