A Study On The Legal Regulation Of Internet 's Unfair Competition In China

In recent years, along with the improvement of the Internet environment, rapid increase of net citizens as well as the flourishing marketing demand, a much wider range of application development upsurge is being driven in China. The concept named "Internet+" is also being spread broadly, prompting profound merges between Internet and varieties of other traditional industries. As a result, a totally new life style and society development style arises, and the influence on the entire society by the Internet has also changed into a completely new stage. However, competition is still the normalcy in this market. In order to gain more market shares and more transaction opportunities, unfair competition behaviors will occur for sure. In the entire Internet economy, for purpose of well-organized market orders, some related laws and regulations must be applied, besides self-discipline of the industry. But due to the disconnection and lag of our laws concerning competitions in Internet market, judicial departments are facing increasingly embarrassed situations when dealing with such cases, especially unfair behaviors that are beyond the scope of current legislations. Therefore, it is necessary to organize and improve our law system concerning anti-fair competitions, from the prospective of structure establishment of legal system, or the breakthrough of practical dilemmas.This article is divided into four chapters.Chapter 1, analyze specifically on the research object--unfair behaviors in the Internet market, recognize these by both the internal structure and violation of moral code. First, by bringing in related cases and discussing the main disputes, do extended analysis on competition issue and key components of unfair competition behaviors. Second, in the background of current competition in the Internet industry of China, explain the necessity and urgency to normalize unfair behaviors in the Internet market.Chapter 2, from the view of external manifestation modes, it introduce the classification of traditional unfair behaviors and new types. The traditional manifestation styles mainly discuss the business discrediting, and this chapter focus on illustration of new forms.Chapter 3, the article is aimed at discussing issues concerning unfair behaviors in the Internet market in the normalization process, by analyzing relief dilemmas and difficulties of trials in judicial practice, the article specifically analyzes the applying limitations and weak administrative enforcements of anti-unfair competition law, hoping to find useful solutions.Chapter 4, on the basis of analysis, and advanced legislation experience in Germany, provide solution thoughts on amendment and innovation concerning current anti-unfair competition law and regulations in the unfair behaviors of Internet market, from the prospective of legislation, judicature and enforcement as well.