Research On Judicial Application Of "miscellaneous Provisions" In Market Confusion

In 2018,the new Anti-Unfair Competition Law was officially implemented,and for the first time,it set a "miscellaneous provisions" for market confusion.As an abstract legal clause,the basic paradigm and interpretation rules of its application were not clear,which made it a double-edged sword.On the one hand,the sword enhances the social adaptability of the law and maintains the relative stability of the law;on the other hand,it expands the space for legal interpretation and increases the uncertainty of the law.Therefore,we should make rational use of this inclusive rule.Therefore,we should make rational use of this inclusive rule.On the basis of clarifying the specific norms of market confusion,we should clarify the applicable boundary of the "miscellaneous provisions" of market confusion,and explore the basic model for the application of the "miscellaneous provisions" of market confusion in China,and better regulate a variety of market confusion and maintain a good market competition order.In addition to the introduction and conclusion,this article is divided into four parts,the specific content is as follows:The first part is a basic summary of "miscellaneous provisions" of market confusion behavior.Through the definition of its connotation,this paper analyzes the nature of the behavior of the Anti-Unfair Competition Law,and on this basis,fully explores the value of the "miscellaneous provisions" and understands its own functionality.Afterwards,it briefly expounds the legislative background of the "miscellaneous provisions",analyzes its evolutionary logic,and starts from the theoretical background and the realistic basis to explore the reasons for the "miscellaneous provisions" of the market confusion behavior in China's Anti-Unfair Competition Law.The second part is a theoretical explanation of "miscellaneous provisions" of market confusion behavior.Through the analysis of its legal hermeneutics,the establishment of a bridge with judicial practice,providing a variety of interpretation methods for judicial decisions,trying to interpret the theoretical boundary of the judicial application of the "miscellaneous provisions".Clarify the relationship between the "miscellaneous provisions" and the general terms,clarify the similarities and differences between the two,and try to reach a scientific and reasonable analysis from the theoretical level,so as to better guide the judicial practice.The third part is the dilemma of the judicial application of "miscellaneous provisions" of market confusion behavior.According to its own characteristics,combined with the cases of market confusion in judicial practice,on the basis of excluding specific market confusion behavior,to study the current status of judicial application of market confusing behaviors,and to analyze the dilemmas that may be encountered in judicial practice.The fourth part is the path analysis of the judicial application of "miscellaneous provisions" of the market confusion behavior.Firstly,value judgment is made on its application from the perspective of competition neutrality,then the basic requirements of judicial application of the "miscellaneous provisions" of market confusion are established,and a set of framework rules of interpretation is provided for judicial judgment.Then,the basic paradigm of application is explored by synthesizing the interests of all parties in order to clarify the scope of application of the "miscellaneous provisions" of market confusion.