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On the Legislative Purpose of the Anti-Unfair Competition Law -- Interpretation of Article 1 of the Anti-Unfair Competition Law

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DOI: 10.23977/icpem.2019.095

Author(s)

Qianyue Ma

Corresponding Author

Qianyue Ma

ABSTRACT

There are many new contents in the newly revised Anti-unfair Competition Law, such as the recognition and regulation of network unfair competition behavior, the coordination with the behavior identification of the Anti-monopoly Law, and the expression of the concept of subject and so on. Behind the amendment, returning to the level of legislative purpose and intent, the change of words is also a response to and reaffirmation of many changes. Compared with the anti-unfair competition law of the 1990s, with the new situation, and the emergence of new problems, the hope of legal regulation also rose from "guarantee" to "promote". In this paper, through hermeneutic method, from the perspective of the whole semantic view, the author makes a study of "anti-injustice". Article 1 of the Act is interpreted in order to analyze the choice of interests contained in the legislative purpose of this Law.

KEYWORDS

Anti-unfair competition law, interpretation, promotion, operator legal rights and interests, consumers legitimate rights and interests

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