Legal Application And Further Improvement Of The General Provisions In Law Of People's Republic Of China Against Unfair Competition

Fair market competition order requires effective implementation of competition law.The revised Law of the People's Republic of China against Unfair Competition has been implemented since 2018.Many provisions,including general provisions,have been revisited and revised during this revision process.The general provisions of anti-unfair competition law have several functions.It not only has the ruling function in the sense of referee scale,but also plays the general role of specific unfair competition behaviors,and also has the declarative effect of demonstrating the rule of fair competition.It has been consensus of both academic and practical field that there are general provisions in the anti-unfair competition law.The application of the revised general provisions of the law needs to reflect the nature of its competition law and be applied at the appropriate legal level.The requirement of“competitive relationship”reflects the functional orientation of the general provisions of anti-unfair competition law,but needs to be recognized in the modern market economy.The main body of general provisions is the operator,but the factor of consumer has already demonstrated a unique position in the revised law.As a core element of the identification of unfair competition behaviors,business ethics reflect the role of general provisions in the identification of unfair competition behaviors.For the development of new industries,the legal application of the general provisions must be tolerant and inclusive.The orderly coordination of public execution and private execution of general provisions is important for regulating a large number of unfair competition practices in the market environment,protecting private and public interests,as well as maintaining a fair market competition order.