论高息揽储的《反不正当竞争法》规制

On the High Interest Deposit in Anti-unfair Competition Law

随着国家进一步推进利率市场化改革,高息揽储行为将不再适用《商业银行法》及人民银行关于基本利率的规定。因高息揽储行为严重破坏了国家金融市场竞争秩序,其行为特征又不符合《反不正当竞争法》规定的行为模式,故将其以特例单独列在《反不正当竞争法》中进行规制既有必要性,也具可行性。

With the further reform of interest rate liberalization in China,the high interest deposit does not apply to Commercial Bank Law and the related rules of basic rate stipulated by People's Bank of China. It is of necessary and feasible to list the high interest deposit in Anti-unfair Competition Law as a special case,because it has a serious damage to the country's financial market competition order but its traits do not comply with the general behavioral mode stipulated in the law.