The Mess Of "Baidu door" "Erie door" Is Expected To Win Regulation
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1993 promulgated and implemented the anti-unfair competition law exists many lag place, already cannot fully cope with the market changes, from to appear recently "baidu competitive rankings, mengniu Erie framed door" and so on several unfair competition events can be seen, so the stranded the anti-unfair competition law calls for overhaul has been very high. Recently, media reports said the state administration of industry and commerce completed the anti-unfair competition law submissions, and has submitted to the state council beist. Considering the practice common reflection question, the anti-unfair competition law revision should consider to solve the following questions:
Regulation "baidu competitive ranking", etc
2010 appear of several unfair competition events, such as history 38 hairdressing hospital accuse evercare hospital, baidu's appeared in a case by competitive ranking occupy well-known enterprise economic benefits, and 360 will baidu toolbar marked as "evil" and thus inducing evaluation software user deleted, all reflect into the information age after unfair competition that pattern renovates ceaselessly. Such as hidebound, ACTS of unfair competition restrictions in the anti-unfair competition law second chapter 11 enumerated types within, undoubted meeting makes the powerless to cope with ACTS of unfair competition "innovation".
The anti-unfair competition law the 2nd regulation: "on transactions in the market, operators voluntariness, equality, fairness, honesty and credit principle, and observe generally recognized business ethics." Many scholars believe that holds the department general terms shall, through the explanation holds that the anti-unfair competition law keeps pace with The Times.
To this, judicial organs already does prior, the supreme people's court has requires all court in accordance with the anti-unfair competition law, the principle provision of no specific provisions prohibitions behavior, if it is violate sincere letter or generally recognized business ethics, business practices and damage the truth. Not stop enough to maintain a fair competition order, to stop. Looking forward to the revision to this practice through legislation affirm.
Administrative, judicial interpretation system in binary clearly
In general terms for new by explaining the ACTS of unfair competition to be deemed, in order to prevent arbitrariness enforcement curb competition motivation and innovation consciousness, many countries have only this one explanation power granted minority authorities, such as Germany's federal Supreme Court, Taiwan's "fair trade commission".
In the current anti-unfair competition law implementation process, has formed a binary interpretation system: for administrative law enforcement, the state administration for industry and commerce has declared his enjoy executive power of interpretation, its administrative interpretation belongs to the power to interpret, For civil cases, the supreme people's court has by the judicial interpretation indicates their authority, and at the same time, the courts at all levels in the trial of cases of unfair competition in actual exercised case this power. Looking at the new "anti-unfair competition law provisions, a new type of cognizance ACTS of unfair competition shall be the subject of regulations, and will be effective measures in binary interpretation system be explicitly.
The enhancement of the consumers' rights and the social public benefit protection
The current anti-unfair competition law article 2 "referred to in this regulation, unfair competition, refers to ACTS of operators which contravene the provisions of this law, damage the lawful rights and interests of other operators socio-econimic order behavior." Admittedly, unfair competition harm the lawful rights and interests of other operators, "against the negev of other executives trading opportunities. But, but not limited to, also can wreck the consumers' rights and interests and public interests.
As in baidu and 360 disputes, many users interests are spreading, its were induced to remove yourself get used to using the software. Zhengzhou evening, zhengzhou television continuous publish to sow requirements of watching TV special public information, results will watch the "special", is only a 15 minutes of beverage alcohol advertising films. Now many countries' legislation are to be anti-unfair competition law from the simple to protect operators to incline to protect consumers' rights and interests, the social public interests, looking forward to this modification can with this trend that agrees.
The anti-unfair competition law shall pay attention to the protection of consumer rights. Because usually consumer interests are indirect damages, and consumers often are numerous and scattered, so for the interests of the consumer protection channel mainly through the administrative department of law enforcement activities. Such as industry and commerce departments develop renovation drug kickbacks illegal behavior special operations, thus make the pharmaceutical market competition order to regulate, allowing patients to use inexpensive drugs.
However, only the case is not enough, consumers expect to get more relief channel, more powerful rules protect their interests, especially when their interests are direct damage. For example, consumers in are damaged by the ACTS of unfair competition, and to a lawsuit, claiming that stop ACTS of unfair competition, offer an apology or compensation for losses, etc; Can draw lessons from the consumer protection law article 49 pay double relevant provision, increase consumer compensation strength.
"Kowloon water law enforcement phenomenon solve urgently
The current anti-unfair competition law implementation process, many departments of JianZhaQuan borrow law supervision of the industry and Commerce Department against ACTS of unfair competition in the supervision and inspection, such as circ namely special sending clear the circ to insurance unfair competition supervisory duties. In addition, in the government and its subordinate departments in the implementation of ACTS of unfair competition, the current law punishment power gives the authority and higher organ, and did not give industry and Commerce Department.
From the legislation purpose terms, the legislative exist justified reasons --, the competent industrial department from professionalism is more professional, more experienced, can combine profession characteristic of ACTS of unfair competition on the judgment, the punishment. But, perform segmentation can also lead to "Kowloon hydrogeophysical-remote" phenomenon occurs, weaken the law enforcement. In addition, is also likely to produce the competent industrial department for the interests of consumers and abraoad disregard benefit and the social public benefit the drawbacks. Therefore, all required to change the current situation, unified the much-fancied perform, we are looking forward to the legislative branch can be a positive response.
"Mongolian cow Erie framed door" behind the crucible of how to regulate
The current anti-unfair competition law will be regulation behavior subject in operators, while in restricted economic life, implementing an act of unfair competition but not limited to the operator. And 17 years ago
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Author Resource:-
My name is Amanda xzh，flocculant-manufacturer.com providesChina Super Absorbent Polymer, Paper Making Chemicals Manufacturer, Oilfield products .
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By :
Jessie Stone
Submitted
2011-02-26 19:47:51 |
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