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我国相关法律法规对侵犯商业秘密等的不正当竞争行为进行了一定的规制,一定程度上有利于经营者合法权益的保护和良好竞争秩序的维持。但这种规制主要侧重于规制市场行为,而忽视了非市场行为对竞争的不利影响。随着市场经济的繁荣发展,企业开始利用非市场行为进行不正当竞争,如雇佣童工,超标准排污等,这也同样会损害市场竞争。为此,有必要对这些新兴的非市场行为加以规制,以促使良好社会竞争秩序的建立。
The relevant laws and regulations of our country carry out certain regulations on unfair competition such as the infringement of commercial secrets and so on, to a certain extent, it is conducive to the protection of the lawful rights and interests of operators and the maintenance of a sound competitive order. However, this regulation mainly focuses on regulation of market behavior, while neglecting the unfavorable influence of non-market behavior on competition. With the prosperous development of market economy, enterprises begin to unfair competition by using non-market behavior, such as employing child labor and exceeding standard sewage, which will also damage market competition. For this reason, it is necessary to regulate these emerging non-market behaviors in order to promote the establishment of a good social order of competition.