A Study On The Application Of The General Terms Of The Anti-unfair Competition Law In The Internet

With the rapid development of the Internet and the combination of business activities and the Internet,Internet-related unfair competition cases also appeared in large numbers.Among them,there are a variety of unfair competition can not be included in the scope of the "Anti-Unfair Competition Law" enumeration,judicial practice in the use of the law in the article to regulate the second article does not list the unfair competition.Through the analysis of relevant documents and judicial cases,this paper finds that the unfair competition cases involving the Internet are technically strong and involve many laws and so on.Courts in the use of general terms of the case when the existence of the standard is not uniform,not rigorous and other issues,based on the principle of abstract and honest credit,commercial standards to determine the legitimacy of competitive behavior can not guarantee the fairness of the trial results.In order to maintain the stability of the law and the application of the unified law,the particularity of the unfair competition cases in the Internet should be taken into account in applying the general terms and the core of the fairness and interests of the parties shall be taken as the core standard.It is also necessary to issue a number of relevant guidance cases to facilitate the judges’ more accurate identification of unfair competition,to minimize the uncertainty applicable to the general terms,to improve the accuracy and to achieve justice and justice.