On The Determination Of Unfair Specific Connections In The Anti-unfair Competition Law

China promulgated and implemented the "Anti-Unfair Competition Law" for the first time in 1993.Today,the "Anti-Unfair Competition Law" has undergone two revisions(the revision times were November 4,2017 and April 23,2019).).It is worth noting that the Anti-Unfair Competition Law,which was revised in 2017 and officially implemented in 2018(hereinafter referred to as the Anti-Unfair Competition Law of 2018),specifically sets up a "special for confusion" in Article 6 to regulate market confusion..Among them,the fourth item of Article 6,as a "covering clause",points out: Behaviors that are sufficient to "lead people to believe that there is a specific connection with others" constitute market confusion behaviors.This clause has played a very good role in enhancing the social adaptability of the law and maintaining the relative stability of the law.However,as a "covering clause",that is,an abstract legal clause,the basic paradigm and interpretation rules applicable to it are still vague,and the two highs have not made a judicial interpretation on it.This makes the clause like a double-edged sword: while the ductility of the law has been improved;on the other hand,the space for legal interpretation has also been expanded,and the uncertainty of the law has increased accordingly.Therefore,how to make good use of this relatively inclusive rule has become the primary meaning of understanding the confusion clause.In essence,fair competition in the market order is the value pursued by the "Anyway Unfair Competition Law",and the overall interests of society can be maximized in the implementation of the law.In order to better regulate all kinds of market confusion behaviors,it is necessary to clarify the specific regulations of market confusion behaviors,and clarify the applicable boundary of Article 6 Item 4 of the Anti-Unfair Competition Law of 2018,which is a legal article for determination.The behavior of "constitute an improper specific connection" mentioned in the article builds a framework to achieve precise application of legal provisions."Improper specific connection" has the dilemma of "difficult to identify" in judicial practice.The reason is that in judicial practice,this clause has to face problems such as vague boundaries of application,inconsistent interpretation of the law,and misplacement with the general clauses.This article clarifies the applicable boundaries of the "recovery clause",analyzes the constituent elements of the confusing behavior and the determination principle,and analyzes typical cases to make up for the "difficult determination" of the clause.