Legal Regulation About Unfair Competition Practiced By Service Provider Of Client Software

The war of Tencent and360is an unprecedented battle in Internet industry, reflects that thecurrent competition about Internet is out of control. Although our country for unfair competitionhas promulgated the “PRC anti-unfair competition law” and related laws, our current legislationhave not direct, special provisions to the unfair competition practiced by service provider of clientsoftware yet. In citing the anti-unfair competition law and other relevant laws and regulations tostop the unfair competition practiced by service provider of client software, has had theembarrassment between the current legislation and the development of client software servicemarket. Therefore, illustrating " the war of Tencent and360", this paper analyzed the causes to theunfair competition practiced by service provider of client software, and, considering theparticularity of network, this paper put forward some feasible Suggestions to legislation emending,so as to promote the Internet market order to advance the enterprises in benign competition.With the help of the empirical analysis method and Value analysis method，The paperanalysises the constitutive requirements, the specific performance, the reasons, the evidence,thecourt which has jurisdiction over, the mode of resolving the dispute, and the different of legislativemodes. Based on the analysis above and the matching of legislative pattern, the author thinks thatlegal regulation about unfair competition practiced by service provider of client software, shoulduse the mixed mode of legislation, which means the unity of the basic laws mode and special lawsmode and. On one hand, we must improvement the" Anti-Unfair Competition Law", on the otherhand, in the field of special client software services, we can be developed the special laws andregulations. These laws and regulations make clear the unfair competition practiced by serviceprovider of client software, supervision, legal responsibility and other substantive and proceduralissues. Establishing the legal regulation about unfair competition practiced by Service provider ofclient software, is not only advantageous to the consistency of legal system, but also beneficial tothe maintenance of the Internet market order, and the growth of enterprises in the competition.