Legal Regulation Of Unfair Competition On Internet

With the rapid development of modern economy,the use of high technology in all aspects of life is constantly reflected and increased,and the high technology is most widely used in the field of Internet.A lot of business,modern business,international trade,including all kinds of business in public daily life,such as Internet shopping,online entertainment,through the Internet for a variety of payment service life and so on,which fully show that the Internet has penetrated into our life,and become an integral part of it.Therefore,the healthy development of the Internet is becoming more and more important.The importance of the Internet makes its commercial value unprecedented,so the current competition in the field of the Internet presents a melee mode.Driven by the big interests,a variety of acts of unfair competition continue to emerge.Actually,the Internet unfair competition is the extension of the reality market competition in the Internet.The inherent nature of the Internet makes the market competition in this field presenting different model and it also has its own characteristics.The most important characteristic of this field is that it is especially rely on high-tech,and with the market growing and popularity,it has become more and more closed to real life of people.To strengthen the regulation of illegal activities in the field is to meet the needs of practice.However,because of the introduction of the Internet in our country is very short and the experience of the development of the market is extremely shallow,we have no enough practical experience to improve the legislation of this field.The “anti-unfair competition law”,which is widely known as the “free enterprise charter” by the market economy countries,is the basic law to regulate market economic order.Many countries have set up perfect clauses in this law to manage and regulate the market operation.In 1993,our country also studied the legislation mode of the western countries,and formulated the “Anti-unfair Competition Law” with strong national characteristics.This law is based on the background the old market,so it is difficult to compare with the advanced regulationsof the western countries.At that time,the concept of the Internet for many people is still relatively strange.So at that time in the formulation of “Anti-unfair Competition Law”,all of the terms are almost not related to the word of Internet.Many other laws and regulations to regulate the economy are also rarely involved in the Internet.At that time we are too strange to the concept of Internet,so this situation is excusable.The purpose of this study is to solve these problems mentioned above.Through the analysis of the case,this paper enumerates the typical behaviors of unfair competition in the field of Internet,introduces its characteristics,and finally talks about legal regulation and recommendations.This paper is divided into four parts.Part one:Eliciting questions through the introduction of some typical cases,including the existence of Internet unfair competition behavior,and its background and causes.Part two:This part mainly introduces the main types,characteristics and essence of Internet unfair competition behavior.This part lists some typical types of Internet unfair competition behavior(incomplete enumeration),and further analyses its characteristics.Part three : Comparative analysis of the “Anti-unfair Competition Law” and the “Revised Draft”about how to regulate the behavior of the Internet unfair competition,and the actor should bear what kind of legal responsibility.Part four:Compare to foreign legislation,this paper puts forward some suggestions on China’s “Anti-Unfair Competition Law” to regulate Internet unfair competition.In view of that the foreign relevant legislation in the field of unfair competition in the Internet is more advanced,there are much in their legislation that we can use realistically,which giving some suggestions for further improvement of relevant legislation in China.