"The right to fair competition"was once widely regarded as the mainstream view of protecting objects under the anti-unfair competition law,but it gradually faded away and was replaced by the"legal interest theory"of protecting objects.However,the latest emergence of the dual protection of rights and legal interests under the anti-unfair competition law is worth pondering.The introduction of the concept of rights in the anti-unfair competition law does not necessarily bring about a distinction between the dual protection objects of rights and legal interests,nor does it mean that competition law will be reintroduced into the traditional"drawer"of tort law to rigidly distinguish between rights and interests infringement and set different elements of liability composition.The anti-unfair competition law has gradually distanced itself from the tort law in the process of modernization,highlighting the characteristics of the law for competitive institutional protection.Based on the clarification of the abused concept of right by Hohfeld and Commons,the current regulation of unfair competition behavior in the digital economy can clearly reveal that the anti-unfair competition law aims to protect the legal interests of free competition without distortion.
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维普
