The Study Of Applying“Non-interference Unless For Public Interest”

In 2004,Baidu vs.Qihoo Ltd.was gived a retrial ruling by Supreme People's Court,The greatest significance of the case is that the court innovatives a new rule—“Non-Interference Unless for Public Interest”—regulate Internet interference disputes.At present,the establishment and application of “Non-Interference Unless for Public Interest”,all levels of society have different attitudes.This research revolves around the application problems of “Non-Interference Unless for Public Interest”,put forward in the judicial practice,the existence of the difficulties and problems The main performance of the three aspects is that the applicable conditions,applicable rules and scope of application.First,in view of the applicable premise,this paper was combined with the current international legislation trend.Considering the “public interest” can be used as the core element of “Non-Interference Unless for Public Interest”,discussing the above three elements in detail,trying to sum up the more appropriate elements of meaning,and finding that the nature of “Non-Interference Unless for Public Interest” is the judicial judgment rule.Second,this paper is mainly about summing up general rules applicable to judicial trial of “Non-Interference Unless for Public Interest”,the essence is to apply the principle of how to combine the elements with the specific case for analysis and identification.This is called the key of judicial application of “Non-Interference Unless for Public Interest”.Third,through the analysis of cases,this paper consider that “Non-Interference Unless for Public Interest” can be used in the internet interference behavior disputes with strong applicability.And consider that the scope of application of the “principle” is not only limited to the “security software interference” class disputes,but also in the "shielding network advertising" and "hinder the software installation and operation class" disputes are still applicable space.