On The Behavior Of Network Interference In Unfair Competition

In recent years, with the speed of development of the Internet economy, the friction between Internet service providers, network service providers partially competitive behavior is beyond the reasonable exercise of their rights under the law. Although China’s Anti-Unfair Competition Law defined the operators in the market transactions, we should follow the principles of voluntariness and equality, fairness, honesty and credibility, and observe generally recognized business ethics. However, the development of network technology and business model innovation, new types of emerging competition, but also to the network of unfair competition protection brings new topics.Its virtual and low cost also makes network competition is no longer limited to simple media category, has been transformed into a new means of human market economy, a large number of acts of unfair competition to find a new network in China’s current "Anti-Unfair Competition Law" not directly correspond to the original legislation, leads to an increase in social disputes disputes, law enforcement difficult. Regulation of Unfair Competition in the new network is increasingly becoming the new era of network anti-unfair competition in the field of a disaster issues.It should be noted that the Internet is not a new form of competition should be regulated, only operators who violate the law, to eliminate or restrict competition, harm the legitimate interests of other operators, disrupt economic order only network should be regulated. Then the boundary between legitimacy and unfair how to divide, how to effectively regulate the industry through legal means vicious competition, has become a serious problem.Unfair competition caused enormous damage to normal market order and healthy economic development, Internet-based virtual nature, science and technology, extensive, real-time characteristics, the loss of a web platform based on unfair competition resulting from the implementation of more difficult to estimate.Currently our core legal system regulating the market competition order is just unfair competition law, enacted in 1993, this law does not regulate the corresponding provisions of the competition for the Internet, it has been completely unable to meet the standard and guide Internet companies orderly competition need, courts generally only provides for the principle according to the anti-unfair competition law, it is a violation of the principles of good faith and recognized business ethics as the basis to judge. Meanwhile, the Anti-Unfair Competition Law of the civil liability provisions of vicious competitors too light, but also the lack of punitive damages rule. More importantly, since the Internet has not been clarified border competition, resulting in some network operators legal consciousness, often through the implementation of unfair competition to expand its market, against the legitimate interests of other network operators.