市场竞争权研究

发布时间：2018-04-18 12:15

本文选题：市场竞争 + 权利　；参考：《湘潭大学》2017年硕士论文

【摘要】：现代市场经济是竞争型经济,市场竞争是市场配置资源、推动整个社会经济发展的重要途径。市场经济虽然是在民商法的秩序下形成,但基于市场竞争活动而产生的市场竞争关系,与传统私法部门意义上的权利义务关系却有着根本上的区别。市场竞争关系是参与市场竞争活动的经营者之间的直接物质利益关系,它的生成、性质和特点符合法的调整对象的一般理论,更是竞争法能够作为经济法的子部门法根本成立要素。市场经济也是权利经济。法律对社会关系的调整是通过对相关主体设置权利义务的方式来进行的,竞争法要实现对市场经营者之间的市场竞争关系的直接调整,也就必须确认、设定经营者在市场竞争中应当享有的权利和必须履行的义务。市场竞争权就是基于这种法律调整而应当被市场经营者所享有的新型私法权利。这一权利概念的提出,既能有效弥补我国竞争法基础理论研究的不足,更能够解决当前竞争法在实践中遇到的诸多困境。市场竞争权是市场经营者的一项基本权利,是市场经营者除基于市场交易关系而享有的基本民事权利以外的、在市场竞争法律关系中所享有的另一项新型私法权利。它的主体是参与市场竞争活动的市场经营者;客体是形成市场竞争关系的根本物质因素,即市场竞争利益;它还包含了交易机会获取权、交易份额平等分配权以及利润份额实现权等三项基本权能。当前,我国竞争法在对市场竞争权这一问题上的认识还存在这较大不足,这亟需我们在竞争法体系内对市场竞争权加以明确的界定,赋予市场经营者以市场竞争权,并借鉴国外的先进经验建立“非正当竞争诉讼”司法保护制度,构建完整的市场竞争权权利保障体系,这对从根本上维护市场竞争秩序和保障经营者的合法权益有着重要意义。
[Abstract]:Modern market economy is a competitive economy, and market competition is an important way for the market to allocate resources and promote the development of the whole society and economy.Although the market economy is formed under the order of civil and commercial law, the relationship of market competition based on market competition activities is fundamentally different from the relationship between rights and obligations in the sense of traditional private law departments.The market competition relation is the direct material benefit relation between the operators who participate in the market competition activity. Its generation, nature and characteristics accord with the general theory of the adjusting object of the law.Moreover, competition law can be regarded as a fundamental element of economic law.Market economy is also power economy.The adjustment of social relations by law is carried out through the establishment of rights and obligations to the relevant subjects. If competition law is to realize the direct adjustment of the market competition relationship between market operators, it must also be confirmed.Set the operator's rights and obligations in the market competition.Market competition right is based on this kind of legal adjustment and should be enjoyed by market operators a new type of private law right.This concept of right can not only make up for the deficiency of the basic theory of competition law in China, but also solve the difficulties encountered in the practice of current competition law.The market competition right is a basic right of the market operator. It is another new private law right enjoyed by the market operator in the legal relationship of market competition besides the basic civil right which is based on the market transaction relationship.Its main body is the market operator who participates in the market competition, the object is the fundamental material factor that forms the market competition relation, that is, the market competition benefit, it also includes the right to obtain the trading opportunity.Transaction share equal distribution right and profit share realization right are three basic powers.At present, there are still some shortcomings in the understanding of the market competition right in our country's competition law. It is urgent for us to define the market competition right in the competition law system and give the market operator the market competition right.And draw lessons from the advanced experience of foreign countries to establish the judicial protection system of "unfair competition litigation" and construct a complete system of safeguarding the rights and interests of market competition, which is of great significance to maintain the order of market competition and safeguard the legitimate rights and interests of managers.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.2

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