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《反不正当竞争法》的送审稿和修订草案,在学界和实务界引发了较大的争论,其中不乏一些尖锐的批评声音。坦率地说,笔者不太关心《反不正当竞争法》的修改,怀疑其修改的意义被人为地高估和夸大了,这一观点或许不中听。不过,在笔者看来,《反不正当竞争法》自身的属性、逻辑和特点决定了其修改的限度:该法进一步完善、向好成长的余地极其有限,以目前的学术准备、司法经验累积等,似乎面临“边际收益递减”的“瓶颈”;同时,若不谨慎修法,有可能导致的错误成本,包括司法成本、社会不适应成本和学习成本则像无底洞,呈现“边际成本递增”的效应。好的
The Draft and Draft Amendments to the Anti-Unfair Competition Law have caused much controversy in academia and practice, including some sharp criticisms. Frankly speaking, the author is not very concerned about the “Anti-Unfair Competition Law,” the amendment, the significance of the amendment is artificially overestimated and exaggerated, this view may not hear. However, in my view, the “anti-unfair competition law,” its own attributes, logic and characteristics determine the extent of its modification: the law to further improve the room for good growth is extremely limited, with the current academic preparation, the accumulation of judicial experience At the same time, if not prudently revised, the possible false costs such as judicial costs, social mismatch costs, and learning costs are like “bottomless pit” Increasing marginal cost "effect. Ok