Jurisprudential Study On Legal Regulations About Internet Unfair Competition

Unfair competition spreading into the internet, which forms internet unfair competition. As internet characterized by digitalization, virtuality, anonymity, and super dimension, internet unfair competition evolves with different forms and characteristics. The emergence of internet unfair competition disturbs the internet market's order severely. In order to maintain the stability and prosperity of internet economy, it is of great importance to strengthen the legal regulations about internet unfair competition.As China's internet has a short history, China lacks the experience of controlling internet market's order, and the legal regulations about internet unfair competition is far from perfect."The law against competition by inappropriate means", which is compared to"economic constitution"and"charter of free enterprise"by market economy countries, is the essential basic law of controlling market's order. However, on the internet, the"Law of the People's Republic of China Against Competition by Inappropriate Means (1993)", which is based on traditional market, exposes many disadvantages, and shows its severe hysteresis. It is much needed to improve the Law. Besides, it is also necessary to build up supporting systems related to the Law.Although domestic theory circle has great interest toward the study on internet market, the study is still concentrated on building internet trading platform and maintaining trading security by using civil theories. As regard to maintaining internet market's order and regulating internet unfair competition, the study of domestic theory circle is still at the beginning. The works on legal regulations about internet unfair competition is hard to see. The imperfection of existing legal system and the lack of intensive academic study, givesgreat academic and practical meaning to the study on legal regulations about internet unfair competition.This thesis is divided into four chapters.Chapter I― Internet unfair competition's types and characteristics. This chapter firstly defines this paper's study object―internet unfair competition, which is classified into two kinds: traditional unfair competition and new types, followed by introduction of typical forms, revealing the harm of internet unfair competition. Based on the above is the analysis and conclusion on characteristics of internet unfair competition.Chapter II― The imperfection of domestic legal regulations about internet unfair competition. Based on the existing conditions of legal regulations about internet unfair competition, this chapter reveals five aspects of imperfection. And there is the intensive analysis on the imperfection of the"Law of the People's Republic of China Against Competition by Inappropriate Means (1993)". It is necessary to improve domestic legal regulations from the above aspects.Chapter III― Experiences of United States'legal system about anti internet unfair competition. In this chapter, the author introduces the general situation of United States'legal system about anti internet unfair competition. United States belongs to Anglo-American Legal System. The author analyzes United States'statute law and decisional law separately. In the second part of the third chapter, the author concludes the characteristics of United States'legal system about anti internet unfair competition, and then brings forward enlightenment for improving domestic legal regulations about internet unfair competition.Chapter IV― Proposal on improving of domestic legal regulations about internet unfair competition. This chapter is the core content of this paper. The author brings forward general frame of domestic legal regulations about internet unfair competition, which is to improve"The law against competition by inappropriate means", and amend related regulations. At the same time, considering internet unfair competition's disobey to principle of good faith and fair competition,it is necessary to build up the self-discipline system on the internet, which is aimed to arouse the enthusiasm of internet market actors to spontaneously reject internet unfair competition. Besides, in the second part of this chapter, the author brings forward detailed proposal of legal regulations to several typical behaviors of internet unfair competition, aiming at strengthen this paper's practical meaning.