论我国《反不正当竞争法》的缺陷及其完善

《反不正当竞争法》是维护我国社会经济秩序的一部重要法律,该法实施十多年来,已暴露出许多问题,主要是立法模式上采合并式、管辖范围过窄、实行以行政控制为主的执法模式等.作者认为应当将《反不正当竞争法》与《反垄断法》分别立法,在《反不正当竞争法》中增加一般条款,增强其适应性,在执法模式上以司法控制为主,以建立我国完善的竞争法律体系.

On the Limitations of Anti Unfair Competition Law of Our Country and Its Perfection

Anti Unfair Competition Law is an important law for maintaining the social and economic order of our country.Many problems,mainly the combination pattern in legislation,the excessively narrow scope of jurisdiction and the execution mode which gives priority to administrative control etc,are exposed in the ten years of its implementation.The writer of the article thinks that the Anti Unfair Competition Law and the Anti Monopoly Law should be made separately and the general provisions should be added to the Anti Unfair Competition Law in order to strengthen its adaptability.As to the enforcement pattern,priority should be given to judicature control to establish the perfect competition law system of our country.