Research On The Standards Of Judgment About Legitimacy Of Behavior In The Cases Of New Types Of Unfair Competition On The Internet

China's economic development has entered a new normal,the new strategy that people start their own businesses and make innovations has become firmly rooted.Internet companies in the drivers of interests set off a wave of technological competition.At the same time,the situation in which internet companies exert new types of unfair competition starts to spread,resulting in the confusion of internet industry.Confining to Anti-Unfair Competition Law's imperfection,judges apply lots of discretion,have created lots of standards and judgment rules to determine whether the behaviors in these cases are justified. These active altitude of justice should be worth approving,but innovations of judgment rules often lead to controversy,the justice of the result is also questioned by others.Therefore,the paper uses empirical analysis method,sums the standards of judging the legitimacy of behavior in such cases and reflect them,and then make a suggestion that reshape the standards to judge the legitimacy of behavior in such cases.This paper aims at benefiting judges in the process of hearing and providing slight contribution to deepen the reform of the supply-side at the same time.This paper is divided into three parts, in addition to the introduction and conclusion.Part I——The current standards to judge the legitimacy of behavior in the cases of new types of unfair competition on the internet.This part uses SPSS analysis software, analyzes the collected cases of new types of unfair competition on the internet, induces two standards which include business ethics and outcomes of markets,and interpret the concepts and rules of them,which designed to pave the way of the below paper.Part II——Reflection on the current standards to judge the the legitimacy of behavior in the cases of new types of unfair competition on the internet.In respect of business ethics,firstly,in the judicial practice, some judges have not carried on the scientific demonstration about the industry rules which are quoted by the judges.Secondly,the rule about “do not interfere if it isn't essential to the publicinterest”created by judge violates the relevant laws and regulations because it has not mentioned malicious, and the connotations of the public interest is ambiguous.In respect of outcomes of markets, firstly, judges tend to rely on business ethics standards and ignore the rational role of outcomes of markets.Moreover,When judges analyze the outcomes of markets, they tend to consider whether the rights and interests of the operators are damaged,but the key role of the rights and interests of the consumers is ignored.Part III——To reshape the standards to judge the legitimacy of behavior in the cases of new types of unfair competition on the internet.The judgment of outcomes of markets attach to objective facts,which can effectively compensate for the uncertainty of business ethics.Therefore, we should construct judgment model, which give priority to outcomes of markets,supplemented by business ethics.Under the guidance of the new judgment mode,put forward the reasonable path of using business ethics and outcomes of markets.Confining the condition of Industry rule.Moreover,clear the connotations of the public interest in the rule about “ do not interfere if it isn't essential to the public interest”,and emphasize“malicious””is the premise of citing this rule.In addition,take the method of incentive analysis, analyzing the positive and negative incentives.In the application of outcomes of markets,we should be focus on the rights and interests of consumers,and take the case of“Youku v. cheetah browser about filtering advertising”as an example,explore the analysis paradigm by which judge can judgment whether the behaviors in these cases are justified.