论我国高等教育中不正当竞争行为的法律规制

On Unfair Competition Regulated by Laws in China's Higher Education

高等教育具有较强的外部性、排他性和竞争性,这种准公共产品的性质使得高等教育可以通过市场竞争方式提供服务。我国高等教育机构在当前的市场竞争中已经出现名称混同、虚假招生宣传、贿赂、诋毁竞争对手办学声誉及不正当的人才引进等种种不正当竞争行为。目前规制这类不正当竞争行为的法律制度严重缺失,而且现有的规制立法层次较低。鉴于我国立法的现状,可突出《反不正当竞争法》规制不正当竞争行为的基本法地位,以行为定主体,将高等教育中不正当竞争行为纳入该法规制范围,这样既有利于全面涵盖各类高等教育中不正当竞争行为,满足法律规制的普适性要求,又有利于提升调整该类行为的立法层次,满足规制法律的权威性要求。

Higher education can be provided through the method of market compete because of its quality of quasi-public goods： stronger externalities,exclusiviness and competitivity,and competion is necessary to higher education.There appears acts of unfair competition such as name confusion, Illusive recruit students propaganda, bribe, bespatter competitor reputation of school, unfair staff recruitment and those acts should be punished.At present time the legal system of regulation is absencent and the level of legislation law is low, Many parties question that 《The Law of Combating Unfair Competition》whose mission is regulate the behaviors of the market operators can be truly applied by higer education organizations because its Characteristics of non- profit.we should put 《The Law of Combating Unfair Competition》on the prominent position,and to regulate acts of unfair competition done by those subjects who participate the competition of the higher education market.