我国价格欺诈的法律规制研究——以经济法为视角的研究-research on legal regulation of price fraud in china - from the perspective of economic law.docx

AbstractSince the price reform was adopted more than 20 years ago, the highly intensive price system which was managed in a too inflexible way in the planned economy system has changed a lot. The country has set up a price system in which the market plays a dominant role in commanding the price. It is estimated that till the end of 2001, the market commanded prices for 96% of the turnover of social comsumption products, 93.9% of the turnover of argriculatural products turnover and 87.6% of the turnover of prodution materials. Thus we can see that the market price system, the invisible hand, fully plays its roles in the fields including adjustment of the economy operation and optimization of resource allocation. But the unjust actions including price fraud are popular in the market because relevant laws and regulations on price management are not perfect enough. The price fraud actions not only damage the consumers and other business operators’ legal rights and interests, but also damage the normal market competitive order and increase the costs of social economy operation. The paper analizes and discusses relevant legal issues in its four main parts including a summery of price fraud, the theory foundation of economic law for price fraud, the current condition and problems of the country’s regulations for its price fraud and the improvement of the economic law regulations for the country’s price fraud.Charpter One is a summery of price fraud, the definition of price fraud is provided according the current legal system. The specific forms of price fraud are explained. The features of price fraud are protined out as follows: it is deceitful, full of damages, and it is illegal and the measures taken to deceive, which is an important feature of price fraud and make price fraud different from other fraud forms. In charpter one, the author anlizes the reasons of price fraud. The objective reasons include the consumers and business operaters do not share the same informati