论文部分内容阅读
对于现行《反不正当竞争法》如何修改,有反不正当竞争法与反垄断法二法分立路径与统一路径之别。现在公开征求意见的《反不正当竞争法(修订草案)》是在二法分立的路径上进行的,删除了原法规定的五条,主要涉及反垄断规范,补增三条,主要涉及网络竞争和行政机关的授权。本文立足于二法统一路径,指出反不正当竞争法删除反垄断规范,成为私法的特别法会有可能生成新的矛盾与冲突,愿景令人担忧。授权行政机关认定不正当竞争,有违法治政府的精神和网络经济成功发展之最低限度监管的原则。本文提出:借此修法,让反不正当竞争法走向竞争基本法,当是一个符合竞争法世界发展趋势尤其是转型国家竞争法制度演进趋势的选择,并从理论和修法建议上回答了取向统一竞争法的种种问题。
For the current “Anti-Unfair Competition Law,” how to amend, there are anti-unfair competition law and the anti-monopoly law two separate paths and unification of the path. The Anti-Unfair Competition Law (Draft Amendment), now openly soliciting opinions, was conducted on the basis of the separation of the two laws and regulations. The five articles of the original law were deleted, mainly relating to antitrust norms and three additional supplements, mainly involving online competition and Administrative authority. Based on the unified approach of the two laws, this article points out that anti-unfair competition laws eliminate antitrust norms and the special laws that become private laws are likely to generate new conflicts and conflicts. The vision is worrying. To authorize the executive authorities to identify unfair competition violates the principle of a government ruled by law and the minimum supervision of the successful development of the cyber economy. This article proposes that this law should be taken to make anti-unfair competition law move to the basic law of competition as a choice that meets the trend of world competition in competition law, especially the competition law system in transition countries. It also answers the unification of competition from theory and revision of law Law of the various issues.