中德两国不正当竞争刑事立法对比论

The Comparison of the Criminal Iegislation on the Unfair Competition between China and Germany

随着市场经济的深入发展,我国市场交易中的不正当竞争现象也越来越突出,为推动我国不正当竞争方面的刑事立法,文章将我国目前不正当竞争犯罪立法状况与德国该方面的立法进行了比较,阐述了二者之间的异同,并认为:从宏观上看,两国立法在该类犯罪的行为方式、罪名体系、刑罚配置以及立法模式上存在着各自的个性。文章还从微观上对虚假广告、商业诽谤、商业贿赂、侵犯商业秘密等不正当竞争犯罪进行了比较研究。

With the further development of the market economy , the unfair competition is becoming more and more serious in the market trade. In order to promote the criminal legislation on the unfair competition in our country. This article compares our criminal legislation with that of Germany and explains the difference and similarity between the two countries. We argue that there are a lot of difference such as the forms of the unfair competition crimes,the system of its accusation,the ciminal penalty and the legislative model between the two countries from the marco-aspect. This article also compares such unfair competition crimes as false advertisement, commercial defamation,offending commercial secrets ,and commercial bribe from the micro-aspect.