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我国颁布实施《反不正当竞争法》已二十余载。在这段不短的时间里,该法较好地规范了市场竞争秩序,时至今日,其已成为我国市场经济体制中的基础性法律制度。然而,与20世纪90年代初相比,我国在经济规模、发展模式、竞争状态、竞争方式等方面,都发生了广泛而深刻的变化。尤其在以计算机、信息网络等为代表的现代信息技术深刻改变社会面貌的现实背景下,现行法律的滞后性已越来越明显,而社会对该法的修订要求也越来越迫切。此时,我国《反不正当竞争法》迎来了自颁布实施以来的首次修改,并在其中新增了“互联网不正当竞争”~((1))条款以回应社会关切,引起了全社会的广泛关注。
China promulgated the “Anti-Unfair Competition Law” has more than 20 set. In this short period of time, this law has better regulated the order of market competition and up to now, it has become the basic legal system in the market economy system of our country. However, compared with the early 1990s, China has undergone extensive and profound changes in terms of its economic scale, development mode, competition status and competition mode. Especially under the realistic background of the modern information technology represented by computers and information networks profoundly changing the social outlook, the lag of the existing laws has become more and more obvious, and the social requirements for the revision of this law are also becoming more and more urgent. At this moment, our “Anti-Unfair Competition Law” ushered in the first revision since its promulgation and implementation, and added “Internet Unfair Competition” clause (1) in response to social concerns, causing Wide attention of the whole society.