The Regulation Of Internet Improper Disturbing Behaviors On The Anti-Unfair Competition Law

Internet new unfair competition is the hot spot of academic research in recent years.Internet improper disturbing behaviors is a type of the internet new unfair competition,which is induction of some specific internet new unfair competitions.It is difficult to regulate internet improper disturbing behaviors,because of it has high technical,conceal feature,and also it is difficult to define.All these brought a greater dilemma to its regulation.Therefore,how to accurately define the internet improper disturbing behaviors and improve the the regulatory system of the internet improper disturbing behaviors are problems.It is the request of this paper and also has great theoretical and practical value.In this paper,according to the “reveal the status quo ? problem analysis and solve the problem ? legal regulation and proposal” research path: First,to explore the resulting background of the internet improper disturbing behaviors,specific forms and characteristics.On this basis,analysis the current identified of principles,identification considerations and the responsibility system deficiencies and shortcomings of the internet improper disturbing behaviors in the current context.In this moment,drawing on considering factors of internet improper disturbing behaviors from foreign country,and strive to comprehensively and accurately define the internet improper disturbing behaviors.Secondly,from analyzing the current regulation of internet improper disturbing behaviors,we try to analyze the dilemma of the current regulation of internet improper disturbing behaviors,and we try to put forward the feasible measures to improve the internet improper disturbing behaviors on the basis of contrasting and combing the experience of developed countries.In the last,we analysis and comment the Anti-Unfair Competition Law(the Revised Draft).The full text is divided into four parts which is removed the introduction and conclusion.Part I: We mainly makes some basic interpretations of the internet improper disturbing behaviors.Firstly,we discuss the concept of the internet improper disturbing behaviors.Then,we expound the pattern of manifestation for the internet improper disturbing behaviors,and points out it has characteristics of high-tech,concealment,and the implementation of the main business scope is blurred.Finally,make a brief discussion of the harmful effects for the internet improper disturbing behaviors from angel of market competition,consumers and competitors.Part II: Analyzing the current situation of legal regulation for the Internet improper disturbing behaviors.Firstly,we mostly discuss the current identified of principles,identification considerations and the responsibility system deficiencies and shortcomings of the internet improper disturbing behaviors in the current context.At present,identifying the Internet improper disturbing behaviors is mainly based on the the principle of good faith and recognized business ethics from general provisions,“Principle of Non-Public Interest Need not Interfere” and other principles,it should take the interests of consumers and the operator's legitimate business model and other factors into account.In the end,we explain the present legal responsibility of internet improper disturbing behaviors from the legal liability of property and non-property liability in the two sides.Part III: The third part discusses the regulate dilemma of the internet improper disturbing behaviors from Anti-Unfair Competition Law.There is some problems existing in the identification of the internet improper disturbing behaviors,we discuss it mainly from the aspects of the principle of recognition and the consideration of the factors in recognition,and then analyzes the shortcomings of the legal liability of the internet improper disturbing behaviors,specifically discusses the lack of punitive damages system and the fuzzy of the definition for the damage's scope in the regulating the internet improper disturbing behaviors.Part IV: Put forward the suggestion to better regulate the internet improper disturbing behaviors from the perspective of Anti-Unfair competition law.We propose should return to the principle of good faith and recognized business ethics and other principles identify the internet improper disturbing behaviors,and seek a balance to protecting the interests of operators and promote internet innovation.It is a good idea perfecting the legal responsibility that introduce a punitive damages system and clear the scope of damages such as calculate expected benefit from loss of profits,the loss of commercial integrity,etc.In addition,at the end of this article,we focus on the revision of the Anti-Unfair competition law,and put forward the corresponding proposal.