论不正当竞争行为的主体

On the Subjects in Unfair Competition

本文从我国反不正当竞争法对主体的规定出发,论证将行为主体限定为经营者是不合适的,不利于保护市场主体的合法权益,也不利于有效发挥反不正当竞争法的作用。提出应将依照反不正当竞争法的立法宗旨,将不正当竞争的主体扩大到任何违背诚实信用和商业道德的自然人或组织。

Based on the regulations of the present unfair competition law, the author thinks that the subjects of unfair competition should not be confined to business proprietors. The restriction should not help to protect the legal benefits of market subjects or to exert the important function of unfair competition law. Therefore, the author holds that the subjects of unfair competition should include anyone who breaches faithfulness, according to the tenet of unfair competition law.