On The Legal Regulation Of China's Internet Unfair Competition

Nowadays,with the rapid development of global informationize,the Internet has opened up a new type of economic market,but at the same time it has also changed people's way of thinking and behavior.However,as the Internet has become more and more deeply involved in the economic market competition,the major Internet companies have driven an upsurge of technological competition driven by benefits,which also makes the Internet unfair competition as a new type of special unfair competition means.The endless stream has had some negative effects on China's market economy competition order.On November 4,2017,the Standing Committee of the National People's Congress voted on the newly amended "Law of the People's Republic of China Against Unfair Competition." Compared with the old law that has been in place for more than two decades,the new law is more in line with the current economic and social situation and is more adaptable to the changing social trends.It further perfects the regulatory process of the law concerning unfair competition,including unfair competition in the Internet field.Make corresponding adjustments.Although the new "Unfair Competition Law" has added four major categories of regulations on Internet misconduct,the rapid development of Internet technology and the complexity of legal operations,there are still many problems in the legal regulation of China's Internet unfair competition to study.This article uses normative analysis,comparative analysis and other methods to study the legal regulation of China's Internet unfair competition behavior.Through the analysis of its type,we can find out the inadequacies of our country's laws in regulating unfair practices and learn from foreign advanced systems.With experience,the final proposal for specific regulations.Except the introduction and conclusions,this article is divided into the following four sections:The first part is an overview of Internet unfair competition practices.First of all,it expounds the concept of China's Internet unfair competition behavior,and briefly analyzes its current characteristics,and then summarizes and classifies China's major Internet unfair competition behavior.The second part is about the legal regulation of China's Internet unfair competition behavior.This part studies the regulation of Internet unfair competition from the three aspects of legislation,justice,and law enforcement,and analyzes the status of China's legal regulation of unfair competition in the Internet.The third part is the experience of legal regulation of foreign Internet unfair competition.Taking the United States and Germany as examples,this part briefly analyzes the advanced practices of the regulation of Internet unfair competition by developed countries outside the region,and summarizes some experiences worthy of reference for the problems existing in China.The fourth part is to improve the legal regulation of China's Internet unfair competition behavior,which is the core content of the full text.This section addresses the issues raised in the second part,combines the experiences from the third part,and based on the regulation status,proposes suggestions for the existing problems in China's current regulatory system for Internet unfair competition,from the three perspectives of legislation,justice,and law enforcement.Specifically,it includes the optimization of the legislative model,the establishment of a specialized administrative law enforcement agency,establish a special administrative law enforcement agency,and the financial sandbox supervision mechanism etc.