论文部分内容阅读
一、不正当竞争行为的界定及其危害所谓不正当竞争是指在商品经济活动中,采用违反国家法律法规、政策规定和商业道德的不正当手段牟取利益,损害国家、生产经营者或消费者的合法权益,扰乱市场竞争秩序的行为。在这一不正当商业行为中,行为人不是凭借自己的经济实力,靠质量和信誉进行诚实经营和公平竞争,而是釆取其他非正当手段进行经营或超越国家法律规范从事非法经营,所以其手段的违法性和反道德性构成了这种竞争行为的不正当性。
First, the definition of unfair competition and its harm The so-called unfair competition refers to the commodity economy activities, the use of non-compliance with state laws and regulations, policies and regulations and business practices of improper means of gaining profits, damage to the country, production operators or consumers The legitimate rights and interests, disrupt the market competition order behavior. In this unfair business practice, the perpetrator does not conduct business honestly and fairly with quality and credit by his own economic strength, but instead takes other illegal means to conduct business or go beyond the laws and regulations of the state to engage in illegal business. The illegal and anti-morality of the means constitute the illegitimacy of such competition.