私营企业主与同行间侵权—维权关系的地区差异分析

Regional Differences of Relationship between Infringing Right and Maintaining Right among Private Entrepreneurs and Counterparts

基于私营企业主的跨省调查数据,考察了私营企业主与同行间侵权—维权关系的地区差异。结果表明,有73.6%的被访私营企业主遭受过企业同行的侵权,且其遭受同行侵权存在显著的地区差异:东部地区私营企业主遭受同行侵权的概率更大;但更具体的分析发现,东部地区私营企业主更多的是遭受恶意压价之类的较轻微的同行侵权,而在遭受假冒和损害名誉之类的性质较为恶劣的同行侵权上,东部地区远低于中西部地区;遭受同行侵权之后,私营企业主的维权方式选择也存在较显著的地区差异:东部地区私营企业主更倾向于选择法律诉讼和求助于工商联或私企协会等方式进行维权。私营企业主与同行间侵权—维权关系的上述地区差异可能是地区间制度发育水平不同所导致的结果。

Based on the survey data of private entrepreneurs among provinces, this paper examines the regional differences of relationship between infringing right and maintaining right among private entrepreneurs and counterparts. It shows that 73.6 percent interviewed private entrepreneurs have been subjected to infringement from their counterparts, and the infringement has significant regional differences： The infringement from counterparts of private entrepreneurs has a greater probability in Eastern China; But much detailed analysis finds out that more private entrepreneurs suffer relatively minor infringement such as lower price by their peers in Eastern region. However, as to this kind of infringement like counterfeit and reputation damage, they have less possibility than those who are in the Midwest; When they has sustained infringement, the selections of maintaining right ways of private entrepreneurs also have significantly regional differences： The eastern regional private entrepreneurs prefer to legal proceedings or asking Federation of Industry ＆ Commerce or Private Enterprises Association for help to protect their legitimate rights. These regional differences maybe result from different levels of institutional development on the relationship between infringing right and maintaining right among private entrepreneurs and counterparts.