| It has been more than 24 years since the law of unfair competition was i mplemented in 1993.After 24 years of development,the competition and comp etition degree of the primary stage of China's socialist market economy have u ndergone profound changes.New forms of Internet competition are emerging,a nd there are some incommensurable places and legislative gaps in the existing laws.Internet unfair competition is based on the Internet platform,so it is clos ely related to the development of Internet,and at the same time,it has the ess ential characteristics of unfair competition behavior.The identification of Intern et unfair competition behavior needs to combine the new Internet unfair compe tition behavior from different aspects.Currently,the anti-unfair competition law(amendment)has been formally submitted by the state council to the National People's Congress for approval.A highlight of the repair method,which is ex pected to increase for the first time the Internet terms of unfair competition,m ake up for the judicial practice because of no Internet ACTS of unfair competi tion typed caused the plight of the judicial and law enforcement level of the l egislation.And the draft of special ACTS of unfair competition in the regulatio n of the Internet,the Internet ACTS of unfair competition into the regulation o f competition law,embodies the legislation for Internet attention and recognitio n of unfair competition.But the anti-unfair competition law(revised draft)und er the Internet still too narrow scope of ACTS of unfair competition,although to a certain extent,solve the existing part of the Internet of unfair competition disputes,but the Internet market rapidly changing,there are still some difficul ties,can not be timely and effective first to protect the legitimate rights and i nterests of Internet operators.The traditional rules of the past and the pure offl ine society have many new problems that cannot be applied to the Internet,w hich confuse the legislative,judicial,law enforcement and market entities.In o rdinary users as the main service object,Internet formats,which is closely link ed with the consumer daily life due to the specific to the Internet in the field of competition law regulating the supply,the Internet phenomenon of unfair c ompetition,business operators and the legitimate rights and interests of consum ers and the public can't guarantee.So the ACTS of unfair competition in the I nternet market,actively explore the Internet special law in the field of competition,in the process of repairing method of anti-unfair competition law,efforts t o improve the competition law,the Internet has become the top priority.By st udying the basic theory of the ACTS of unfair competition,and the existing le gislation at home and abroad,this paper compares and analyzes the current ge neral terms and conditions of the anti-unfair competition law of our country wi th the enumeration terms modify perfect,make it more accords with the practi ce of the development of the Internet market.Through the Internet ACTS of u nfair competition that into new reference standards and reference factors,makes the court in the Internet ACTS of unfair competition more legitimacy and rati onality,make the cognizance of the Internet ACTS of unfair competition is mo re accurate.By improving all kinds of related mechanisms,the Internet compet ition is guaranteed by the system level,thus maintaining the order of competiti on in the Internet market.The legislative regulation of Internet unfair competiti on behavior is a long process,which requires the coordination and cooperation of all parties,and the regulation of the market plays an important role that c annot be ignored.Should be typed in the Internet ACTS of unfair competition and improvement in the process of balancing the interests of all parties,legisla tive guiding behavior,behavior in response to legislation,so as to promote the healthy and orderly development of the Internet market. |
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