论文部分内容阅读
文章选择中德两国的反不正当竞争法律责任体系作为研究对象,通过比较的方法揭示了中德两国反不正当竞争法的特点。德国反不正当竞争法是特别侵权法,是私法的一个组成部分。德国反不正当竞争法律责任以民事责任为主,辅以刑事责任,并通过扩大私法诉权主体范围,调动社会力量制止不正当竞争。中国学界虽也承认反不正当竞争行为具有侵权行为性质,承认民事责任是反不正当竞争法律责任的基本形式,但中国反不正当竞争法突出强调反不正当竞争行为的行政责任,并有刑事责任加强化趋势。作者对中国现行反不正当竞争法律制裁体系持积极评价态度,认为它符合中国市场经济的实际发展水平以及权利主体的法律意识现实状况,同时建议,中国法应当借鉴德国有关民事责任的各项制度,特别是赋予某些社会团体以起诉权,通过扩充私权来弥补行政执法制度的不足。
The article chooses the legal liability system of anti-unfair competition between China and Germany as the object of study, and reveals the characteristics of the Anti-Unfair Competition Law between China and Germany through a comparative method. German Anti-Unfair Competition Law is a special tort law and is an integral part of private law. The legal responsibility of anti-unfair competition in Germany is mainly based on civil liability, supplemented by criminal responsibility, and by mobilizing the social forces to stop unfair competition by expanding the scope of private lawsuits. Although Chinese academia admits that anti-unfair competition has the nature of infringement and admits that civil liability is the basic form of legal liability against unfair competition, China Anti-Unfair Competition Law highlights the administrative responsibility of anti-unfair competition and criminal Responsibility to strengthen the trend. The author holds a positive attitude towards the legal anti-unfair competition legal sanctions system in China, believing that it is in line with the actual development of the Chinese market economy and the legal status of the right-holder. At the same time, it is suggested that the Chinese law should draw lessons from the German systems of civil liability In particular, it has given certain social groups the right to sue and make up for the deficiencies of the administrative law enforcement system through the expansion of private rights.