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社会主义商品经济具有商品经济的一般属性,因而同样存在竞争。近几年竞争机制在社会主义商品经济中的作用愈来愈大。因此,对竞争的法律保护,就成为我国法制建设中的重要内容。而对不正当竞争行为的刑事制裁,是对竞争的法律保护。不正当竞争行为是一个外延十分广泛的概念,假冒商标、假冒专利、哄抬物价、掺杂使假等,从广义上说,都属于不正当竞争的范畴。从狭义上说,不正当竞争行为指那些毁坏其他企业信誉、假冒其他企业的外观包装、假冒商号等行为。我们认为在刑法中有必要设立非法竞争罪,以完善对竞争的刑法保护。
The socialist commodity economy has the general attributes of a commodity economy, and therefore there is also competition. In recent years, the role of the competition mechanism in the socialist commodity economy has been growing. Therefore, the legal protection of competition has become an important part of the legal system in our country. The criminal sanctions against acts of unfair competition are the legal protection of competition. Unfair competition is a very broad concept of extension, fake trademarks, counterfeit patents, raise prices, doping and so on, in a broad sense, belong to the category of unfair competition. In a narrow sense, acts of unfair competition refer to acts that destroy the reputation of other enterprises, fake the appearance packaging of other enterprises, and counterfeit business names. We think it is necessary to establish the crime of illegal competition in the criminal law so as to perfect the protection of criminal law of competition.