The Balance Between Regulation Of Unfair Competiton And Freedom Of Commercial Speech

For the past few years,’commercial speech’ was frequently mentioned in unfair competition cases.It resulted in our consideration over the dividing line between regulation of unfair competition and freedom of commercial speech.Because of the role of Law for Countering Unfair Competition in the legislation system,varieties in regulated objects and abstractness in core content,the regulatory scope of Law for Countering Unfair Competition is extensive,which empowers the law enforcement agencies and judicial authorities more discretion.Commercial speech shows superiority in the information age,it has been used as competitive means increasingly.Law for Countering Unfair Competition should protect the basic rights value of commercial speech as well as regulate unfair content of commercial speech.Because the protection for the freedom of commercial speech is ambiguous and the scope of the regulation of unfair competition is uncertain,it brings difficulties to law enforcement and judicature.Judicial practice in Europe and America generally distinguish unfair competition from commercial speech by using the basic rights standards of the constitution.It provides ideas for the balance between regulation of unfair competition and the freedom of commercial speech in China.Combined with the legislation and enforcement practice,this paper attempts to seek the ’best solution’ in China from various aspects.