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Jurisprudential Study On Legal Regulations About Unfair Competition Of Internet Service Provider

Posted on:2016-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:R H TangFull Text:PDF
GTID:2296330479494512Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China’s "Anti Unfair Competition Law" has been implemented since December 1, 1993. In the past 20 years, the economy of our country has been changed greatly. With the continuous development of market economy, especially in recent years, the existing anti unfair competition law has become not suitable for the fast developing internet economic. The internet service provider(ISP) is the most important participant of internet activities. The unfair competition law is an important legal basis for the establishment and maintenance of network economy. Free, fair competition environment, is also an important direction of the present jurisprudential study.The proportion of the network economy in the whole national economy in recent years shows the trend of rapid growth, its influence is also more and more high. However, due to the development of network economy of our time is short, less experience in the legal regulation of network economy market order, the relevant legal system there are still many gaps remain to be improved. Our country promulgated the "anti-monopoly law" in 2007, marking the original competition law system to separate. Therefore, the voice for the modify of "Anti Unfair Competition Law" becomes more and more high. Further more, as the breakthrough point, the legal regulation on the unfair competition behavior of the ISP, whether from the "Anti Unfair Competition Law" modification and improvement, or from the standard network market competition order is concerned, it is of positive significance.This paper is divided into the following five chapters: the first chapter, introduction, introduces the research background and significance. The second chapter, the specific performance, plans from the Internet service provider acts of unfair competition problems, analysis on the characteristics of network environment, the network service provider of unfair competition law regulation of such problems, and to introduce the typical case in the form of the related theory of development. The third chapter on China’s Internet service provider, the legal regulation of the unfair competition behavior analysis. The fourth chapter introduces the characteristics of legal regulation, between Germany, Japan and American, with particular emphasis on the introduction of reference, reference. The fifth chapter, some suggestions about legal regulations about unfair competition of internet service provider, on the basis of the previous text.
Keywords/Search Tags:Internet Service Provider, Unfair Competition, Legal Regulation
PDF Full Text Request
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