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折扣是市场经济条件下经营者开展市场竞争的重要手段,同时也是法律为规范市场竞争秩序、保护消费者合法权益所应调整的重要对象。折扣与回扣、价格歧视、价格欺诈等是不同的法律概念,竞争法的立法应当对此有明确的界定。我国目前关于折扣的立法尚不完善,应当在借鉴国外已有立法经验的基础上,加快对《反不正当竞争法》和《价格法》等有关折扣内容的修订步伐,以便更好地维护正常市场竞争秩序,保护消费者合法权益。
Discount is an important means for market operators to carry out market competition in the market economy. It is also an important target for law to regulate market competition and protect the legitimate rights and interests of consumers. Discount and rebates, price discrimination, price fraud are different legal concepts, and the legislation of competition law should have a clear definition. At present, China’s legislation on discount is not yet perfect. Based on the experience gained in other countries, we should speed up the revision of relevant discounts such as the Anti-Unfair Competition Law and the Price Law in order to better maintain the normal Market competition order to protect the legitimate rights and interests of consumers.