从自由竞争权到公平竞争权——市场主体竞争权的现代性话语

From Free Competition Right to Fair Competition Right——A Modernity Discourse on Competition Right of Market Subject

市场主体的竞争权经历了从自由竞争权到公平竞争权的发展历程。公平竞争权是指市场主体在经济竞争过程中所享有的开展自由、公平竞争的权利,它是竞争自由与竞争公平的统一体,是竞争法的基石范畴,是一项具有社会法性质的权利。由于我国现阶段市场主体公平竞争权缺失,为了实现竞争权的成功转型,需要由竞争法明确赋予市场主体以公平竞争权。

Competition right of market subject experiences from free competition right to fair competition right. Fair competition right is the market itself that take the right to compete freely and fairly in the economic competition process, it is the unity of free and fair competition, also it is the footstone category of competition law and it has the character of social law. Because market subject does not have fair competition law on the stage, in order to carry out the transformation of competition right, we must prescribe the fair competition right for market subject in competition law.