Acts Of Unfair Competition In The Network Economy Under The New Exploration

Since the second half of the 20^th century, Internet has been well developed and popular among ordinary people. The era of Internet economy has been ushered in. However, while Internet is pushing the society forward, it has brought in a series of new problems. This dissertation is dedicated to the research of new changes of unfair competition against this special background so as to facilitate the prevention and irradiation of unfair competition.Internet economy is based on rapid development of modern computer and communication technology and takes Internet as its carrier. Internet has become a system, which prides in largest scale, richest content and the most convenient resource distribution. It plays an important role in the advancement of social economy. In the meanwhile, its arrival leaves some space for unfair competition. The rampant evasion of law in virtual space had done great harm to the interests and rights of considerable business operators and consumers, destroyed the fair and sound environment and even damaged the international reputation of Chinese dealers. As a result, severe punishment and prevention measures should be adopted in this regard.This dissertation, based on the knowledge of Internet and computer, combines the theory of the Law of the People's Republic of China Against Unfair Competition and precious experience in combating Internet environment. Drawing on relevant legislative experience from countries well developed in information industry, it attempts to sum up the unfair competition in Internet economy in a systematic way and proposes the prevention and elimination measures from different aspects.In terms of structure, this dissertation is composed of the following three parts:The first chapter mainly introduces the concept, characteristics of Internet economy and its impact on competition as well as the features of unfair competition in Internet economy. Firstly, the dissertation gives a general concept of Internet economy, i.e. a kind of economic mode with Internet as its carrier and tells the unique characteristics of Internet economy. Secondly, it analyzes its positive and negative influences on competition. Thirdly, it analyzes the new features of unfair competition in Internet economy, laying ground for further account.The second chapter mainly analyzes specific forms of unfair competition in Internet economy, which goes in two levels. One is the changes of traditional unfair competition specified in the Law of the People's Republic of China Against Unfair Competition, including copy, false publication, business slander, invasion of trade secret, business bribe and unfair sale with prize. The other is new types of unfair competition in Internet economy, including unfair competition of domain names, Internet links, search engines and software.The third chapter brings up countermeasures against unfair competition targeted at new features and new trends in Internet economy. First, it analyzes the legislative status quo in terms of unfair competition in China. Second, it brings up corresponding measures in different aspects of legislation improvement, enhancement of judicial operation, administrative enforcement, strengthening of self-discipline in Internet industry in order to prevent unfair competition.