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1993年颁布的《反不正当竞争法》在维护我国市场竞争秩序方面发挥了重要作用。但随着我国市场经济的发展,一些新型的不正当竞争行为大量出现,谈法在立法体例、实体内容及程序方面暴露出一些缺陷及漏洞.由于当时我国还处在由计划经济向市场经济过渡的时期,社会主义市场尚未发展成熟,典型的不正当竞争行为并不多见.而且由于受当时经济体制、社会生活状况、立法经验等多方面因素的局限,我国《反不正当竞争法》在调整范围、基本原则等方面存在不少缺陷.随着市场经济的发展和新旧体制的转换,许多新的不正当竞争行为不断出现,《反不正当竞争法》在对这些新出现的不正当竞争行为已经不能很好地予以规制,在层出不穷的新型的有违于竞争原则的但又界于合法和违法之间的不正当竞争行为面前,《反不正当竞争法》的效力明显的减损了,其效力已经脱离了其立法主旨。
The Anti-Unfair Competition Law promulgated in 1993 has played an important role in safeguarding the order of market competition in our country. However, with the development of the market economy in our country, some new types of unfair competition have appeared in a large number, and the law has exposed some defects and loopholes in the legislation system, entity content and procedure. At that time, our country was still in the transition from a planned economy to a market economy , The socialist market has not yet matured, typical unfair competition is rare, but due to the current economic system, social life conditions, legislative experience and many other factors, China’s “Anti-Unfair Competition Law” in the Adjustment range, basic principles, etc .. With the development of market economy and the transformation of old and new systems, many new acts of unfair competition continue to appear, “Anti-Unfair Competition Law” in these emerging unfair competition Behavior has not been well regulated, in the endless stream of new non-competition principles but also between the lawful and illegal acts of unfair competition in front of the “Anti-Unfair Competition Law,” the effectiveness of the obvious detriment, Its effectiveness has departed from its legislative thrust.