关键词: 《反不正当竞争法》, 一般条款, 权力主体, 权利主体, 消费者

Abstract:

There are not many provisions for the general terms and the subject of application in the present Anti-Unfair Competition
Law，which brings problems in practice. Both the judicial branch and administration organ should be taken as the
power subject in general terms，and the judiciary should be in the leading position. Provisions on judiciary inspection of the
administration should be made according to the circumstances in China. The hierarchy of power subject should be determined
according to the characteristics of different administration organs. When applying general terms to administration organs，the
national industrial and commercial administration department should be the power subject. When applying general terms to
the judiciary，the Intermediate People’s Court or court at higher level should be the subject of application. General terms in
the future should take the consumer as the subject of right which will give the consumers the right to bring proceedings in
accordance with the general terms. Consumer associations will generally exercise such rights on behalf of the consumers in
order to better protect the interests of consumers and operators and promote the development of the market.

Key words: Anti-Unfair Competition Law, general terms, power subject, subject of right, consumers