The Perfection Of "Anti-Unfair Competition Law Of The People’s Republic Of China"

The "Anti-Unfair Competition Law of the People’s Republic of China" start from December1,1993means the legal system in the field against the unfair competition established in our country. As a early part of successful law in China’s socialist market economic system, there is no doubt that it plays an important role in the guide and encourage fair competition, to oppose and limit of unfair competition, safeguard the legitimate rights and interests of consumers, etc. But along with our country the rapid development of market economy in recent years, especially with China’s accession to the WTO, China got greater development of market economy, market competition has become increasingly active and vigorous, However, miscellaneous varieties of unfair competitons have emerged. As of February,2014,2013heavy case bomb Qihoo360companies, in addition to from Baidu v. Qihoo360confused browser navigation station counterfeit, Baidu search results, hijacked flow of unfair competition was regarded as unfair competition by the court verdict, and was sentenced to lose "plug-in shielding Baidu advertising","3Q" sentence from Tencent. On April25,2013, Qihoo bodyguard "QQ", Guangdong higher people’s court ruled that pay Tencent$360to$5million, hit a Internet ordered compensation lawsuit record amount of unfair competition. On November26,2013, Qihoo360company Tencent abuse of dominant market position, as the Internet industry antitrust’s case. Less than1year time, Qihoo360companies to win two Internet litigation first, throughout since2010, Qihoo360companies have because of the unfair competition or to denigrate rivals goodwill suffer several consecutive losing, a domestic Internet company lost the most. At the same time we can see that Qihoo360, the company’s compensation also repeatedly refresh the compensation of the Internet, can through legal means like litigation rather than vicious competition challenges the Internet industry monopoly is also worthy of praise. Protect legitimate competition, safeguard the legitimate rights and interests of consumers and the public interest, two-way regulation, this needs the government and the market is dominated by the government and the market competition, improve the relevant industry law and the Anti-Unfair Competition Law, to guide the healthy development of the Internet industry in the direction of the healthy and orderly development. Qihoo360, the company has experienced a series of litigation, once all Baidu and Qihoo, Tencent and Qihoo dispute also temporarily, however, which reflects the many legal problems, is a concentrated reflection of the current "Anti-Unfair Competition Law" exists and the defects of the reality does not adapt.When Qihoo360lawsuits smoke slowly drifted away, we should also consider how to further perfect the relevnt legislation and law enforcement This article,by dissecting Qihoo360’s cases,in the first sector from the perspective view of the Anti-Unfair Competition,analyze the situation of Qihoo360lawsuits.The second part, put forward the necessity to improve the "Anti-Unfair Competition Law".The third part through the Qihoo360lawsuits reflects the company’s "Anti-unfair Competition Law",analyzed the defect of the law, In the fourth part, for the content of defects, on the aspects of propose a reasonable definition of unfair competition, define the subject of law enforcement, protect consumers’ interests, improve the relevant responsibilities etc. put forward my proposal.