关于反不正当竞争法适用主体的反思与重构

Reconsideration on and Re-establishment of the Applicable Subject of the Anti-unfair Competition Law

在《反不正当竞争法》适用主体问题上,我国学界颇有争议。本文认为,无论是从现实角度,还是从理论层面看,从主体角度界定反不正当竞争适用范围存在着难题,合理的做法是排除主体因素而径直以行为角度确定。

The applicable subject of 《the Anti-unfair Competition Law》 has been a controversial issue among the academic community. The author takes the opinion that, no matter from the aspect of reality, or from the aspect of theories, it is difficult to demarcate the applicable scope of the Anti-unfair Competition Law by the point of subject. One reasonable way to define the scope is to follow the direction of behavior whereas exclude the factor of subject.