营业权是主体基于平等市场主体资格自由地、独立地从事以营利为目的的营业活动的权利。对于侵犯营业权的行为,我国现有法律规范往往只做了原则性的规定,对营业侵权行为的规制具有一定程度的局限性,只有完善现行法律,立足于《民法通则》对营业侵权行为予以民事法律制裁,并最终将营业权写入宪法,才能够全面完善对营业自由的保护。 The right of business is the right of the principal to freely and independently engage in profit-making business activities based on the qualification of the main body of the equal market. For the act of encroaching upon the franchise, the existing legal norms of our country often only provide the principle of regulation, and have some limitations on the regulation of business tort. Only by perfecting the existing law and based on the “general rules of civil law” Civil and legal sanctions, and eventually the right to write into the Constitution, we can fully improve the protection of freedom of business.