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王作富教授主编的《中国刑法适用》一书在阐述法条竞合时指出:“所谓法条竞合,指的是一个犯罪行为,同时触犯数个法律条文,其中一个法律条文与另一个法律条文之间有着重合或交叉关系。”可见,法条竞合是刑法理论中的问题。但“法条竞合”的现象并不是刑法所独有,在市场法律、法规中,一个违法行为同时触犯数个法律条文,其中一个法律条文与另一个法律条文之间有着重合或交叉关系的现象时有所见,即市场法律、法规中也有“法条竞合”的现象。有鉴于此,笔者试借这一概念,对我国反不正当竞争法与广告法法条的重合或交叉关系,作一浅显的探讨,以期对年内即将制定的配套法规有所裨益。
The book “The Application of Chinese Criminal Law”, a book edited by Professor Wang Zuofu, expounds the competing articles: “The so-called law-and-order concurrence refers to a criminal act that simultaneously violates several legal provisions and one of the legal provisions and another law There are coincidences or cross-cutting relations between articles. ”“ Therefore, the law competition is the problem in criminal law theory. However, the phenomenon of ”law competition“ is not unique to criminal law. In the laws and regulations of the market, an offense simultaneously violates several legal provisions. There is a coincidence or cross between one of the legal provisions and the other legal provisions The phenomenon of the relationship between the time see, that is, the market laws, laws and regulations also have ”law competing " phenomenon. In view of this, I try to borrow this concept, on China’s anti-unfair competition law and advertising law overlapping or cross-relations, make a plain discussion, with the hope of the forthcoming formulation of supporting laws and regulations during the year.