Research On Soft Law Regulation Of Unfair Competition Behaviors In The Third-party Trading Platform

With the advent of the era of "Internet+",e-commerce has became a new energy yet,which helps to promote the development of market economy in our country and provide a new competition platform for market entities.Due to the starting relatively late,immature development,neglect of internal self-government and absence of external force specification of e-commerce in our country,there are all sorts of chaos,and what more conspicuous is all kinds of unfair competition behaviors which implemented by the operators with the use of virtual market called the third-party trading platform.This paper systematically analyzes some commonly typical unfair competition behaviors in the e-commerce mode,and analyzes defects of the hard law regulation path in dealing with the new type of unfair competition behaviors.Then,this paper introduces soft law regulation path of the third-party trading platform,and combines soft law with hard law regulation path of unfair competition behaviors in the third-party trading platform.Make the third-party trading platform in the state of orderly fair competition and effectively safeguard legitimate rights and interests of consumers and business operators.Besides introduction and conclusion,respectively discussing as the followings,this paper is divided into five parts:The first chapter is about the general theory of unfair competition behaviors in the third-party trading platform.In this chapter,the author discusses the operation modes of the third-party trading platform and legal relationship that related subjects involved,the author clears the particularity of unfair competition behaviors in the third-party trading platform by comparing with traditional unfair competition behaviors and that in proprietary trading mode.And the author systematically enumerates typical unfair competition behaviors in the third-party trading platform.The second chapter is about hard law regulation of unfair competition behaviors in the-third party trading platform.Aiming at the new type of unfair competition behaviors in the-third party trading platform listed in the first chapter,the author analyzes the necessity of regulation by "anti-unfair competition law”,and analyzes the inadequate responses of hard law,and its lagging adjustment methods and unbalanced effects of regulation.At the same time the author puts forward improvement suggestion.which provides the theory foreshadowing for introducing soft law regulation of the third-party trading platform in the latter.The third chapter is about the analysis of self-consistent of soft law regulation of unfair competition behaviors in the third-party trading platform.On the basis of discussion in the second chapter,and combining with the particularity of unfair competition behaviors in the third-party trading platform,the author summarizes the soft law characteristics and regulation advantages of autonomy specification in the third-party trading platform,and puts forward soft law regulation path which is different from traditional one to regulate the unfair competition behaviors in this field.The fourth chapter is about the construction of the soft law regulation path of unfair competition behaviors in the third-party trading platform.Through the analysis of the previous chapter,platform autonomy specification has its own advantages of unfair competition behaviors in this field.In order to make these advantages are fully play,requires building the specific regulation path in theory.The fifth chapter is about the coupling of soft and hard law regulation path of unfair competition behaviors in the third-party trading platform.It is not enough effectively for single hard or soft law regulation to deal with the new unfair competition behaviors in this field.Soft and hard law and regulation have their own merits and demerits,and the demerits of hard law are just the merits of soft law,and vice versa.They learn from each other and only make themselves up,and form regulation force,so as to work together to maintain competition order in the third-party trading platform.