《民法總則》和新修訂的《反不正當競爭法》提供了反不正當競爭的新理念、新范式和新標準,并為認識和反思兩者之間的關系提供了新契機和新視域。我國采取反不正當競爭單獨立法的模式,該法具有自身的獨立界限和自洽性,以獨特方式實現其價值和目標,但民法仍是其重要基礎、指導和依據。權益保護和行為特性既是適用反不正當競爭法的兩個基本支點,又是它與民法的重要紐帶和連接點。反不正當競爭法既需要在民法的宏觀視野之下觀察,重視其基本法律背景和原則精神的關聯性,又需要重視其在具體思路、判斷模式等方面的重大差異,避免二者之間在理論和實踐上的混同。特別是,新時代的競爭行為正當性判斷要充分體現互聯網、大數據等新思維。

General Principles of the Civil Law and the Anti-Unfair Competition Law which was recently revised not only provide new ideas,paradigms and standards of anti-unfair competition,but also provide new chances and perspectives for understanding and rethinking on the relationship between the two. China adopts a separate legislation model of the Anti-Unfair Competition Law which has its own independent boundary and self-consistency and realizes its values and goals in a unique way. However,civil law is still its important foundation,guidance and basis. Right protection and act characteristics are not only the two basic fulcrums for the application of the Anti-Unfair Competition Law,but also the important link and connection point between it and civil law. The Anti-Unfair Competition Law not only needs to be observed under the macro-perspective of civil law,attaching great importance to the relevance between its basic legal background and principle spirit,but also needs to attach great importance to its significant differences in concrete thinking and judgment as to avoid the confusion between them in aspects of both theory and practice. In particular,assessing the legitimacy of competitive behavior in the new era should fully reflect new thinking such as the Internet and big data.