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我国反不正当竞争法的基本原则是贯串于该法的指导思想,对指导该法的实施与遵守具有重要作用。 (一)法制原则——这一原则首先要求作为商品生产者和经营者的法人或公民都必须遵守国家的法律,法规和政策,依法进行生产经营活动;同时还要求当违反法律构成不正当竞争时,应当承担相应的法律责任; (二)公平竞争原则——公平竞争是指每一个商品生产者和经营者都享有在平等条件下的参加社会主义竞争的机会,在不违反法律和国家政策,不超出自己业务范围的前提下,每个商品生产者和经营者是否参与一定的经济活动,参与何种经济活动,应有均等的选择。
The basic principle of China’s Anti-Unfair Competition Law is the guiding ideology which runs through the law and plays an important role in guiding the implementation and observance of the law. (1) The principle of legality - This principle first requires that all legal persons or citizens who are producers and operators of commodities must comply with the laws, regulations and policies of the state and conduct the production and business activities in accordance with the law. At the same time, they also demand that when the violation of laws constitutes unfair competition (B) The principle of fair competition - fair competition means that every commodity producer and manager enjoys the opportunity to participate in socialist competition under equal conditions. Without violating laws and national policies Without exceeding their scope of business, each commodity producer and manager should have an equal choice of whether to participate in certain economic activities or participate in any economic activities.