In China's fine system for anti-unfair competition,there are some issues such as improper design of upper and lower penalty limits and a wide range of discretionary penal-ties.In order to address these problems and maximize the effectiveness of fines,the primary objective of the anti-unfair competition fine system should be to achieve optimal deterrence.When setting fines for anti-unfair competition,the principle of proportionality should be fully utilized,taking into account both the balance of multiple interests and the connection with civil compensation,in order to avoid the overall excessive deterrence.Based on this,the article proposes optimization measures for the anti-unfair competition fine system:adopting a refined fines as the optimization path;using a multiplier-based approach as the main method for setting fines,supplemented by a capped numerical approach;considering basic discretionary fac-tors,auxiliary discretionary factors,and special discretionary factors when imposing fines.
Anti-Unfair Competition Lawfinesoptimal deterrenceprinciple of propor-tionalitymultiplier-based finesdiscretionary factors
NETL
NSTL
维普
万方数据
