基于零售业发展的日本流通相关法律解读

An Analysis of the Japanese Circulation Regulation on the Development of Retailing

日本政府通过立法来规范流通从业者的开店及经营行为,实现对流通市场的干预。在流通领域的立法,首先是以市场准入为基点,从经济发展和社会需要角度出发,制定了调整大型零售商开店及经营活动的立法,如《百货店法》、《大店法》、《大规模店铺选址法》等;其次是基于市场公正交易,维护公平竞争秩序理念,制定了调整流通经营行为的法律,主要以反垄断法为核心,不正当竞争防止法、不正当赠品种类以及不正当表示防止法等为补充的竞争法体系。这些法律对于促进日本流通业、流通秩序的良性发展产生了积极的影响,本文对日本流通相关法律制度变迁和主要内容进行解读,对其产生的背景和社会价值进行分析,展示其法律与政策的演进所呈现的轨迹和鲜明特征,为我国流通的相关立法提供可参考的借鉴。

Japanese Government has very strict policies and regulations on the circulation industry all the time. The government makes laws to regulate the activities of practitioners such as the establishment and running the business. These acts in the circulation field include several parts. The first part is the law system for large-scale retailing stores such as ＂Department Stores Law＂, ＂large-scale Retail Store Law＂, and ＂Large-scale Retail Store Law＂. This type of law is based on market access and made for the development and requirement of the economy and society. The second part is the competition law system such as the ＂Anti-trust Law＂ as a core law, ＂Unfair Competition Prevention law＂ and ＂Unfair Gift-giving and Unfair Labeling as supplementary laws＂. This type of law is based on fair trade of market and is to safeguard the idea of fair competition order. These regulations have had positive influence on the favorable development of Japanese circulation industry and the circulation order. The purpose of this paper is to make an explanation on the main contents and its evolution of the circulation regulations of Japan, to make an analysis on its background and social value of its origin, to show the trace and its vivid character of the change of its regulations and policies and to provide a reference for our legislation of the circulation field.