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随着我国市场经济的发展、完善,我国《反不正当竞争法》存在的一些缺陷日益凸显,一些应定性为不正当竞争的行为的法律适用问题没有法律依据。而反不正当竞争法是维护市场公平竞争、保护市场主体和消费者合法权益的重要法律,若不能在市场中发挥其应有的效果,就会大大降低法律的实效。虽然实践中通过其他方法,比如扩大解释、变通解释等来扩大《反不正当竞争法》的适用,但这种方法也存在一定的弊端,因此,必须通过完善立法来解决《反不正当竞争法》存在的一些缺陷。
With the development and improvement of the market economy in our country, some flaws in our Anti-Unfair Competition Law have become increasingly prominent. There are no legal grounds for the legal application of some acts that should be characterized as unfair competition. The Anti-Unfair Competition Law is an important law that protects fair competition in the market and protects the legitimate rights and interests of market players and consumers. If it can not exert its due effect in the market, it will greatly reduce the effectiveness of the law. Although the application of “Anti-Unfair Competition Law” can be expanded by other methods, such as expanding interpretation and adapting to interpretation, this method has some drawbacks. Therefore, it is necessary to solve the "Anti-Unfair Competition Law There are some shortcomings.