Study On Issues Of The Anti-unfair Competition Under Network Environment

This thesis is a study on issues concerning the anti-unfair competition under the network environment. The thesis is divided into three parts, which systematically discusses the origin, expression and harms of the anti-unfair competition in the network environment and puts forward the assumptions on perfecting anti-unfair competition in network environment in our country.Chapter One is "summary of the unfair competition in network environment". Firstly, this chapter dissertates the origin and development of the anti-unfair competition, including the overview of the anti-unfair competition, and introduces the development of the anti-unfair competition in network environment. It lays a foundation for the later discuss of the problem of anti-unfair competition in network environment. Secondly, this chapter, taking the real practices into consideration, raises the point that the anti-unfair competition shall be consistent with the legal spirits and requirements. It is an indispensable part for the network development and has positive and realistic significance.Chapter Two is "Expressions and harms of the anti-unfair competition in network environment". Its essences lie in the conclusion and summarization of existing behaviors of unfair competition in network environment in fact, and the thesis correspondingly put forward its views on relevant issues, which are the highlights of the thesis. According to the cases, the author divided the unfair competition behaviors in network environment into 6 instances, namely, "Counterfeiting or forging behavior and its harms in network environment", "False advertising behavior and their and its harms in network environment", "Commercial defamation behavior and its harms in network environment" "Behavior of commercial secret infringement and its harms in network environment", "Behavior of commercial monopoly and its harms in network environment", and "Behavior of unfair-competition action and its harms caused by network technology in network environment". In a word, chapter two lays emphasis on the combination of theory and practices. The author hopes the instances can analyze all the unfair-competition under the network environment, but it is hard to avoid mistakes and shortages. The author only hopes that these discussions can make some effects and arouse some thinking along with the development of theory and practice.Chapter Three is the "Assumptions on Perfecting Anti-unfair Competition under the Network Environment", in which two issues are discussed. The first issue is the comprehensive management of the anti-unfair competition under the network environment. Comprehensive management, namely, is to manage from different sources and to integrate all sorts of resources. It is in need of the amendment and the consummation of the legislations and the intensification of the legal protection, and giving a full play to the supervision function of the administrative law enforcement. The other issue is to improve the consciousness of the anti-unfair competition in the whole society. On one hand, the self-protective awareness of the right-holder towards his rights shall be enhanced in order to actively protect his rights. On the other hand, the awareness of the average citizen on anti-unfair competition shall be gradually cultivated to establish the concept of fair competition so as to further create better social environment for the anti-unfair competition under the network environment.In fact, there are two reasons for the truth that the author chooses the present subject as the research direction: Firstly, in recent years, Internet has witnessed prosperous development with regard to which, corresponding legal problems emerge continuously. Thus research on this subject has realistic significance. Secondly, the author has taken on the protection work of property right of knowledge for many years. Furthermore, illegal competitions under the circumstances of the Internet are mostly related to the protection of property right of knowledge.The author thinks...