Research On The Regulation Of The New-type Unfair Competition Under The Network

Compared to the traditional competition, the competition under the network market is more intense. By the complex and concealed network technologies, the new-type unfair competition disputes continue which seriously affect the economic security of the network. Consequently, through the research on identified standards of the new-type compitition and analysis types of behaviors from frequent practice disputes, on the basis of exploring the relevent regulations of the new-type compitition at home and abroad,combining the experience of extraterritorial regulation, the paper is to propose corresponding improvement suggestions of new network compitition to solve the plight of the existing regulations.With the rising cybereconomic status, network competition has become a hot topic,but specifical systematic study of new-type unfair competition continues to be scarce.At the same time, “Anti-Unfair Competition Law” enacted in the early stage of market economy is obviously weak and hysteretic to deal with network competition issues. For example, listed clauses lag seriously; the principle clause is lack of flexibility and clarity; as the standard of distinguishing the behavior acted properly or not, fundamental principles of market behaviors, such as business ethics, is too abstract and vague; the provisions related to responsibility can not meet the actual situation of the new-type competition; internet users’ rights protection are neglected and supporting systems are not perfect. For binary problems of theoretical researches and existing regulations,firstly, combined with the traditional behavior identification and special nature of network environment, the paper analyses detailedly of identified standards of the new-type compitition, including the subject, the object and the legitimacy of non-infringement of the new-type unfair compitition. Tracking widespread new-type unfair competition disputes in recent years, the paper sums up several typical new acts of unfair competition, including the use of malicious softwares, links, search engine tools and other network technologies. Secondly, under the analysis of theories and defective regulations of new-type competition, the paper analyses reasonable contents in the United States and Germany that we can learn. For instance, flexible jurisprudence priority model, dispute resolution of operators as the leading, injunction system which can stop damages in time, punitive compensation system in the United States, and Germany’s strong general clause. Finally, for the prevention of the proliferation of network competition disputes, the final part is about the provisions for the improvement of relative regulations. On the one hand, the paper discusses the selection of comprehensive legislative model in our country depended on the existing legislation conditions and implementation capacity. On the other hand, the paper is to explore specific improvent measures, such as the improvent of general clause, the expansion ofthe subject scope, some enumerations of new-type unfair competitions added, the clarity of identified standards of legitimate competition or not, the supplementary of liability provisions and so on.Research on new-type unfair compitition is a response to network competition disputes. Theoretically, the paper clarifies controversy over behavior identification and competitive relationship and other related terms, summarizes systemly new-type behaviors from frequent disputes, enriches the theoretical research on network competition. In practice, the paper aims to promote the improvement of existing legislations about network compitition, strengthen the protection of stakeholders, boost the development of cybereconomy.