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反不正当竞争法规定实施不正当竞争行为的主体是经营者,有学者认为无合法资格的市场主体也可以作为反不正当竞争法规制的经营者,但是并没有进行详细论证。本文从经济法基本理论、反不正当竞争法律体系、反不正当竞争法立法宗旨、反不正当竞争法基本原则等角度对不具有经营资格的市场主体也应当纳入《反不正当竞争法》规制进行了充分论证,认为不具有经营资格市场主体实施不正当竞争行为也应当受《反不正当竞争法》规制且对不具有经营资格的市场主体实施不正当竞争行为应采取双罚制。
Anti-unfair competition law provides that the main body of unfair competition behavior is the operator, some scholars think that there is no legal qualification of market players can also be used as anti-unfair competition law and regulations of the operator, but did not carry out a detailed demonstration. From the perspectives of the basic theory of economic law, the legal system against unfair competition, the legislative purpose of anti-unfair competition law and the basic principles of anti-unfair competition law, the market players without qualifications of business operation should also be included in the regulation of Anti-Unfair Competition Law Fully argued that those who do not have the qualifications of the market to carry out unfair competition should also be subject to the “Unfair Competition Law” and the non-operating qualification of the market to implement unfair competition should take a double penalty system.