Research On The Legal Regulation Of The Internet Commercial Plagiarize

Along with the popularization of network and the extensive application of search engine technology, Disputes because of internet commercial plagiarize gradually increased. In contrast with the traditional, Internet commercial plagiarize has much stronger invisibility and harmfulness, but has not been regulated any more. The only provision always quoted by the judge is the article 2 of Anti-Unfair Competition Law, which is usually questioned in application. Although domestic theory circle has great interest toward the study on internet unfair competition, but we are still in the initial stage, and agreement on internet commercial plagiarize has not been reached. The present situation is not optimistic no matter in theory or practice, it is very necessary for us to make further research on internet unfair competition, so as to make a little contribution to the orders of network economy.This thesis is divided into four parts besides introduction and conclusion.Part I, presentation of questions. Questions could be found in the trial after analyzing several typical cases, because of legislation defect, judgment is utterly baseless. On the base of mathematical statistic analysis and classification and summary of cases in the past ten years, there are more and more internet commercial plagiarize behavior forms the sharp contrast with the situation of legal deficiency. Which means regulating the behavior is imperative.Part II, Legal identification and analysis of internet commercial plagiarize. After making interpretation of internet commercial plagiarize behavior and comparing the difference with other internet unfair competition, this paper summarize the types and features of the behavior. At last, this paper analysis the necessity of regulation from two aspects--the value of law and the interference of Economic Law.Part III, Legal regulation status and problems of internet commercial plagiarize. First making a brief introduction of the relevant laws and regulations, and then point out a series of shortcomings combined with a series of cases. For example, the AntiUnfair Competition Law lags behind seriously.Part IV, Some reflections on the method for regulating the internet commercial plagiarize. Corresponding solutions are proposed aiming at these problems, one of the most important way is perfecting the Anti-Unfair Competition Law. Not only making clear of the function of the general clause, but also adding new enumerated clauses. What’s more, using American punitive damages system for reference is also an important means to stop the illegal behaviors.