Fair Trade Enforcement Tutorial

Author: Ma Zhongqin
Publisher:
Publishing Date: 2005-06-01
Features: This book is a high-quality higher education teaching material project approved and funded by the Beijing Municipal Education Commission. Through years of arduous effort and dedication, the project has now been completed and officially published by the Legal Publishing House. It not only represents the author's long-term theoretical research and teaching and practical achievements but also fills the gap in professional teaching materials for fair trade enforcement in China. The book consists of ten chapters, primarily divided into three parts:
Part I (Chapters 1-3): This part primarily focuses on fundamental theoretical issues related to fair trade and fair trade enforcement. It starts from the general principles, rules, and practices of trade and fair trade, proposing theoretical questions such as the concepts, characteristics, types, harms of unfair trade and anti-competitive behavior, as well as the legal regulation of anti-competitive behavior in a market economy. Subsequently, it analyzes and elaborates on the specific concepts, necessity, nature, role, principles, powers, subjects, objects, and legal basis of fair trade enforcement in China, drawing on successful practices from developed countries in fair trade enforcement. This part also provides an in-depth theoretical analysis of the essence of the subjects and objects of fair trade enforcement. It can be said that this part forms the theoretical foundation of the book and is the core content of fair trade enforcement.
Part II (Chapters 4-7): This part primarily covers the full scope and specific content of fair trade enforcement objects, including anti-competitive behavior, restrictive competition, monopoly, and actions that harm the legitimate rights and interests of consumers. As this part involves practical enforcement issues such as the application of relevant laws and regulations and the correct identification and handling of the aforementioned behaviors, it comprehensively discusses and analyzes the concepts, characteristics, types, constitutive elements, interrelationships, and legal liabilities of these behaviors from the perspective of combining law and practice. It places special emphasis on explaining and analyzing the meaning, characteristics, and identification of behaviors widely prevalent in China, such as counterfeiting registered trademarks, unauthorized use of enterprise names, unauthorized use of distinctive names of well-known commodities, falsification or imitation of product quality marks, false advertising, deceptive prize promotions, commercial bribery, infringement of trade secrets, damaging business reputation, and restrictive competition by public utility enterprises and administrative monopolies. Additionally, it introduces new anti-competitive behaviors emerging in China's market competition. Given its close relationship with substantive law provisions such as the Anti-Unfair Competition Law, this part is highly comprehensive, targeted, applicable, identifiable, and operational. Furthermore, it highlights some legal issues that urgently need to be addressed and noted in China's current fair trade enforcement process.
Part III (Chapters 8-10): This part primarily focuses on legal issues and content related to the legal liability for unfair or anti-competitive behavior and fair trade enforcement procedures. It mainly involves procedural law provisions related to fair trade enforcement, specifically addressing how to hold violators accountable through legal procedures and protect the legitimate rights and interests of those harmed. Fair trade enforcement procedures include administrative enforcement procedures and judicial enforcement procedures, which differ fundamentally in terms of enforcement agencies, initiation of procedures, legal basis, procedural content, and nature. Administrative enforcement procedures are used to hold violators accountable for administrative liability, while judicial enforcement procedures are used to hold violators accountable for civil and criminal liability. This part comprehensively discusses and explains the legal issues of enforcement agencies, legal basis, procedural types, procedural steps, and processes for both types of procedures, while also pointing out some legal and practical issues to be noted.
The three parts of the book are not only independent but also interconnected, mutually reinforcing, and inseparable, forming an organic whole. Overall, the book is rich in content, innovative in structure, complete in system, well-organized, clear in hierarchy, fluent in language, and highly readable, integrating legal, theoretical, and practical aspects. Additionally, each chapter is followed by review questions and case analysis questions, making it suitable for self-study by various readers.
As a high-quality teaching material, this book is fully applicable for undergraduate and graduate students in law, public administration and administrative law, finance and economics, marketing, and business management. It can serve as a required or elective textbook for the aforementioned disciplines. Moreover, it can be used as a training manual for law enforcement personnel in judicial and administrative enforcement agencies. Furthermore, it serves as a valuable reference for businesses, companies, individual producers and business managers, and law enthusiasts seeking to learn about fair trade enforcement.