困境与拯救——竞争权制度论纲

作为因应利益严重失衡的社会经济情势而生的竞争权制度,它是作为最低限度之普遍道德权利的人权在立法中的体现,是“从契约到身份”运动的产物。对竞争权的理解,当首先从语源层面把握其内涵及与相关概念的关系;进而,在此基点之上依功能论之维度考量作为制度设置的竞争权对人类所具有的价值;最后,再于制度层面对其权利归属、立法体现、制度意义及其缺陷等进行具体的阐释,从而完成对竞争权理论研究的基本体系构建。

On the Fundamental Principles of Right to Compete in the Aprket

Right to compete in the Aprket (RCM), whose regime is instituted in seriously unbalanced social and economic circumstances, is the outcome of the “from contract to status” movement and embodies human rights as the minimum universal moral right in legislations. To understand the right to compete in the Aprket, it is necessary for us to comprehend its connotation and recognize its relationship between related conceptions from the perspective of language origins, firstly. Based on these analyses, we should examine the value and function of the right to compete in the Aprket. Finally, to complete the theory of right to compete in the Aprket, it is essential for us to interpret specifically its attribute, relevant legislations, institutional meanings and defects.