我国搭售行为规制中法律责任制度完善探论

The Improvement of the Tie-in Sale in the Legal Responsibility System

搭售作为滥用市场支配地位的表现形式之一,对中国特色的市场经济造成了一定的危害,扰乱了公平合理的市场竞争环境。我国法律将搭售行为纳入了规制范围,并制定了相应的认定标准,明确了实施搭售行为的经营者应承担的法律责任。然而,责任形式的不完善以及救济程序的不完备,导致追诉违法经营者的法律责任时存在很多困难和障碍。因此,应从民事、行政以及救济程序等方面对现行法律责任制度进行完善。

As one of the forms of abusing dominant market position, tie-in sale has certainly been harming the market economy with Chinese characteristics, and disrupting the fair market competition environment. China’s law has classiifed tie-in sale into the scope of regulation, and formulated the corresponding standards as well as the legal responsibilities that operators should undertake when implementing tie-in sale. However, the imperfect forms of liabilities and the incomplete relief programs have led to a lot of dif ifculties and obstacles when prosecuting the illegal operator's legal responsibilities. So, we should improve the current legal liability system in terms of civil liability, administrative liability and relief programs.