Jurisprudential Study On Legal Regulation About The Internet Service Market Unfair Competition

The competition come with the appearance of the market, and so does the unfaircompetition, Internet services market is a emerging, rapid development market, unfaircompetition also spread to the market. Comparing with the general market unfaircompetition, the Internet service market unfair competition have the followingcharacteristics: high technology, universality, strong harmfulness, international. But atpresent there is a lack of regulations to regulate the Internet service marketcompetition in our country, especially the <The anti-unfair competition law> whichis called "economic freedom law" and the "economic constitution," has the serious lag,even apart in regulating this kind of behavior.In recent years the unfair competition under the network environment becomethe focus of academic research, and already had some research results, such as "Therevision and improvement of <anti-unfair competition law> under the networkenvironment in china"" written by Liu Dahong professor of Zhongnan University ofEconomics and Law, and " The law regulation research of the network market unfaircompetition--the expansion of competition law in age of the Internet "written by ZhaoJun doctor of Southwest University of Political Science and Law,and so on. But thosestudies is only a broad research for unfair competition under the background ofinternet, have no depth to the particular market. Compared with the unfair competitionunder the background of internet, there is a distinguish. In the3Q war outbreak2010exposed the high technological, strong harmfulness characteristics of the Internetservice market unfair competition, relevant legal system in the regulation on the onehand, regulation subject vacancy, software standard unknown, relief system is notsound and so on also shown. Based on the influence of the case, the requesting ofrevising "anti-unfair competition law calls also raised.The main content of the paper include the following parts．Define the Internetservice market connotation and denotation according to the present law and therelevant provisions, and summarized the types of unfair competition according to the reality, points out the shortage of the current laws in regulating this kind of unfaircompetition, make a target research and explosion. Give advice to improve ourcompetition regulations in Internet service market.Full text is divided into five chapters.Chapter1, make a introduction to the internet service market firstly, divide theinternet market into internet service market and internet access market, and definedInternet services market.Then compared the internet service market with the relevantmarkets, point out the different between them. Then analyzed internet service marketpattern, and point out the exciting" A dominant pack and play" mess at present lastly.Chapter2, make a analysis of the internet service market unfair competition toget out the characteristics and types. First of all, analysis out the high technology,strong harmfulness, universality, diversity and international according to thecharacteristics of the internet market. Secondly according to the market characteristicsand the appened case, the unfair competition of the field is divided into: goodwilldefamation, the copy and imitation to the web pages and software appearance,Improper link behavior, Infringe business secret behavior, the user terminalsinterference, not compatible and bound behavior in the user terminals, and so on.Chapter3, analyse the current competition law situation and the shortage inregulating Internet service market unfair competition in our country. First, analyse thecurrent competition situation from three levels:basic laws and administrativeregulations, judicial interpretation. Second analyse existing legal system in regulatinginternet service unfair competition has following defects:(1) low level of the legaleffect,(2) general clause missing or not perfect,(3) law enforcement agencies notunified, enforce the law strength is weak,(4) operator definition range is too narrow,(5) the Internet services and Internet service products lack of unified standards,(7)relief system targeted is not strong,(8) penalty weakly, based on Internet servicemarket unfair competition characteristics and types.Chapter4, mainly is the introduction of regulating Internet services in foreignmarket unfair competition law system. First is the United States, for example, the United States in regulating the unfair competition advantage is:(1) the United Statesis the origin place of market competition law, basic legal specifications are moresound, and has strong adaptability to market changes,(2) The United States is caselaw county, according to the new conditions can establish rules in the form of case intime, The second is compared to Germany which is the same with our country is civillaw, analyse the Germanic experience in regulating this kind of unfair competition.Chapter5, the proposal to perfect China’s law in regulating Internet servicemarket unfair competition. First is the introduction to the lawmaking mode, based onthe compare of special legislation and, our country should take the mode ofcomprehensive legislation. Second is the specific improvement Suggestions,(1)perfect the anti-unfair competition law "general terms", clear competition entities,define the scope of competition,(2) clear the main supervision body to Internetservice market unfair competition,(3) establish and perfect the software and computerprogram evaluation, grading, the safety of the authentication of standard system,(4)strengthen the social interface layer supervision role in solving disputes,(5) perfectrelevant intellectual property laws and regulations,(6) perfect the administrative,judicial relief way, enhance the efficiency of the relief,(7) strengthen the punishment.