Integrated Construction of Judgement System for Unfair Competition Practices under the Protective Purpose Triad
Amendments to the Anti-Unfair Competition Law(AUCL)should focus on enhancing the judgment system,rather than creating specific rules for emerging fields.The current lack of clear institutional goals has caused confusion over the AUCL's objectives,scope,and evaluation standards,hindering the development of consistent case law and a self-sustaining legal framework.Therefore,a targeted improvement of the judgment system is essential.At the macro level,the legislative objectives have expanded to protect not only business operators but also consumers and public interests.These goals must be pursued together.The AUCL should protect market competition by safeguarding the interests of both business operators and consumers.Practices harming only consumers or disrupting market order without affecting business interests should not fall under the AUCL's regulation.At the meso level,unfair competition should be defined based on market competition,rather than moral or ethical considerations.At the micro level,the amendment should recognize new types of unfair competition practices,including intentional obstruction of competitors and interference with consumer choices,and unify regulations for online and offline practices,removing specific provisions for the internet.
Anti-Unfair Competition LawLegislative ObjectivesProtective Purpose TriadGeneral ProvisionsClassification of Practices
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