Research On The Principle Of Non-public Interest Necessary Non-interference In Internet Competition

The market of internet economy develops rapidly.With the unfair competition in this area,China’s Anti-Unfair Competition Law came into force in 1993.Because of the technical environment at that time,it is impossible to stipulate the internet unfair completion pointedly.In juridical practice,the internet unfair completion is usually applicable to the second clause of Anti Unfair Competition Law,namely the general provision.But the second clause is too abstract and of principle,which results in the disunity of judicial adjudication standards.Thereby the judge of China creatively developed the Non-public Interest Necessary Non-interference for the internet unfair completion.The propose of this principle is a bold attempt before the amending of Anti Unfair Competition Law.This principle results from the law case that Baidu prosecutes the qihoo 360 plugins and hijack data traffic.In brief it’s a principle that the internet products or services shouldn’t interfere with each other.But if it is indeed out of the public interests to protect the customers,other internet products or services can be interfered automatically without user’s choice in given conditions,in which must insure the necessity and rationality of approaches.Non-public interest necessary non-interferencecan seek legal basis in the anti-unfair completion law and no rights abuse basic principles of Civil Law.In China,before the Anti Unfair Competition Law stated the specific provisions for unfair internet completion,Non-public interest necessary non-interference has juridical practice value,which has more juridical operability to govern the internet unfair completion effectively compared with the general conditions.Of course,since this principle is proposed from concrete law cases,the specified intensions of it need to be defined generally,of which the public interests should be defined to be the public interests with major part as customer interests and especially to be the customer interests;interference should be defined as the behaviors that impede the completion or cause harm to the public interests;Necessary should be defined as a limit which protects the public interests including customers.The institutionalized legislation is affiliated to Anti Unfair Competition Law.In legislation which should be described as two clauses: the first is that proprietors shouldn’t interfere with the normal operation of others internet products or services unless a need to protect the public interests including customers;the second is that proprietors interfere others internet products or services for the limitation of public interests including customers to protect the public interests including customers.