关键词: 商业道德, 不确定性, 决定论, 决断论, 法律论证

Abstract: In the view of Anti-unfair Competition Law, the connotation of business ethics is diverse and very abstracted. Business ethics is identified by industry practices and specific rules is difficult to fundamentally overcome the uncertainty of business ethics. The reason is that the former as a legislative decision standpoint which adopts simple logic deduction but does not balance the interests and ignores the particularity of business ethics in the case. In addition, the industry practices which show periodical characteristics are different in different fields, so they cannot provide food for the business ethics steadily;the latter as a judicial decision standpoint is difficult to grasp the diversity of business ethics and can′t ensure the judgment based on the results of the objective requirements rather than arbitrary, so it doesn′t apply to identify business ethics. And the framework of legal argumentation does not praise the simple deduction of previous conclusions, but carries out the interests measurement and demonstrates constantly in the process of discussion, and uses visual formal rules and technical rules to restrict judicial discretion, so it can be regarded as a new way to identify business ethics. The specific application of frame of legal argumentation is as follows: the reasons for the determination of business ethics are analyzed in detail and show steps of deduction as well as demonstrate these pluralistic reasons hierarchically with the form of chains.

Key words: business ethics, uncertainty, legislative decision standpoint, judicial decision standpoint, legal argumentation