Analysing The Principle Of Not Interfering Except For The Public Interest

With the development of science and technology,more and more competitive behavior have happen in the field of internet.Because of its concealment and technology,it is hard to define its nature.The unfair competition law in Chine was enacted in 1993.Since the Article 2 is too principal,this law is lack of inherent properties of definiteness and guidance.So it is so difficult for us to prevent unfair competition from the source.Based on these reasons,Shi bisheng,chief judge,beijing high people’s court.He made bold to the principle of not interfering except for the public interest.He wants to guide benign competition in the field of internet and to provide more direct evidence of judging the competition behavior in the field of internet.The purpose of this paper is to explain the reality significance of the principle of not interfering by means of analyzing the case between Youku and Kingsoft.Based on this,explain the concept,the characteristic and the connotation of this principle,we can get a deeper understanding of the principle.This thesis,besides the introduction and epilogue,is divided into four parts.The first part is focus on the background,the characteristic and the connotation of this principle.The internet companies should abide by the basic business ethics in the field of internet when they engage in day-to-day operations.but in some special cases,these companies can disturb other enterprises for the purpose of maintaining the public interest. In addition,the case between Youku and Kingsoft has been analyzed in this part.The second part is to analysis the principle and have the conclusion that this principle is not beyond the legal system.Based on this,elicit the principle of no abuse of right and the exception of this principle. The system of emergency action and justifiable defence is to prevent the right to overuse.The principle of not interfering reflects these legal thinking. because of the lag of private remedy, this requires that a natural or legal person should be given the right when the public interest are infringed.The third part is to illustrate that the principle of not interfering has the profound practical significance.Firstly,this principle can be well to make up defects of law.Secondly,if this principle has been recognized,it would be very good to guide the daily business activities of enterprises.Finally,from the perspective of the purpose of legislation,we can draw the conclusion that the principle of not interfering is consistent with the purpose of the unfair competition law in china.This principle is not only to safeguard the interests of the consumers and the operators,but also to maintain the stability of the order of competition.The fourth part is to explain how to use this principle by means of combining with cases.The conclusion part is the conclusion of this paper.Through the analysis of the whole actical,we can draw a conclution that the principle of not interfering except for the public interest has not outstripped the legal framework and it is consistent with the anti-unethical competition law. If this principle of not interfering can be widely recognized,it may has the important practical significance.Making up for the defects of law,maintaining the interest of the consumers and the operators,and most important,this principle has the realistic directive significance for the healthy competition in the internet.