Research On The Application Of The Law Against Unfair Competition In Network Environment

It’s feasible in theory and practice that we apply the Anti-Unfair competition Law to regulate the unfair competition in the network environment, and this is proved by the legal practice in China and America. The definition of unfair competition in network environment includes the synthetically consideration of the specific technology and manifestation of network environment, besides its special legal regulation. The violation of business ethics, as the principle of good faith, is shown as to pass over the boundary of creation to destruction, and to break the balance of the interests between the managers, consumers and the social public. The theory of unfair competition in network environment is different from the traditional unfair competition in two ways. One of them is the subject, which in network environment should be considered as everyone who participate the economic activities in network environment; the other is constitutive requirements, which in network environment doesn’t includes the direct competition relationship. The theories of behavior subject’s aim and its result are in the same direction with the tradition ones. On the basic of classification in our country’s traditional unfair competition theory and legal practice, the unfair competition actions in network environment could be mainly classified as market confusion, false propaganda, commercial defamation, free ride, network traffic hijack, client interference.There are several disadvantages of the regulation of unfair competition in network environment of our country, mainly known as legislation lag, legal hierarchy low, the conflicts with some relative law of anti-unfair competition law, and the deficiency of its practice. Meanwhile, we can learn a lot from the legal practice of America, which is taken as the cradle of the network and its legal regulation. In America legal system of unfair competition, the unfair competition actions in network environment are regulated by a law in the basic place, and also regulated by the other special laws, all of which work synthetically and cooperatively. Along with the tradition of case law, America legal practice on unfair competition in network environment forms the feature of instant legislation. In our country, we should build the legal system of anti-unfair competition in network environment, which works under the principle of limited application, the principle of social public interests, and the principle of harmoniously application. On the system institution, we should take Anti-Unfair Competition as basic law, improve special legislation of network and its relative realms, and make progress on coordination and cohesion between legislation and application. On the concrete measures, we should revise the general clause and the classification clause of the Anti-Unfair Competition Law, make principled responsibility investigation clause to reserve enough legislative space for the other laws, avoiding the conflicts and repetitions between the laws, and introduce the institution of stopping infringement claim. On law enforcement and judicial practice, we should definite the positions, roles and duties of the specific institutions, ensure all the institutions needed worked smoothly and synthetically.