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Research On Illicit Competition Problems Of Network Software Interference Behavior

Posted on:2019-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z J OuFull Text:PDF
GTID:2346330545480245Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,under the background of the rapid development of internet industry technology,China's network software interference emerges in an endless stream,resulting in an increase in the number of disputes related to network software interference.Prior to this,illicit competition disputes related to Internet software interference behaviors were regulated by general terms and non-public interest non-interference principles.Since January 1st,2018,China has formally adopted the Internet illicit competition behavior provisions.Incorporate the revised version of the new "Illicit Competition Law" into effect.However,due to the complexity and development of the technology,and this clause is still ambiguous,there is a lot of room for interpretation.Therefore,there is still a lot of difficulties in the referee case of such illicit competition.At the same time,it should not be overlooked that the identified factors of "unfairness" of software interference behavior by Internet companies should consider the measurement of multi-value objectives such as the interests of operators,consumer rights,and social welfare.The first part of this thesis defines the meaning of network software interference behavior.According to the characteristics of multiple forms of network software interference behavior,it is divided into four categories:interception of traffic,interference with users,software conflict,and acquisition of data.The background and impact of network software interference behavior are analyzed,and network software is clearly identified.The necessity of disturbing the nature of the behavior.The front portion of the second part discusses the nature of cyber software interference behavior advocate theory,identify software interference behavior illicit competition theory,and enumerates concrete judicial practice cases,analyzes the current Chinese laws and regulations that determine that network software interference behavior constitutes illicit competition.And its identified dilemmas,during the period discussed the treatment methods and reference significance of related software interference issues outside the domain.The rest portion of the second part is based on the purpose of the "illicit competition law," the purpose of the law,from the perspective of the principle of proportionality to explore the various aspects of network software interference measurement of interest,so as to demonstrate the existence of certain network software interference behavior of legitimacy.In the third part of this paper,we propose some suggestions for addressing the legal issues of the existing illicit competition in network software.In order to deal with disputes arising from network software,it is in line with the interests of operators,consumers' rights and interests,and public welfare.Crack down on technological innovation.The fourth part of the thesis is an epilogue that briefly summarizes all the arguments of this thesis.
Keywords/Search Tags:network software interference, illicit competition, legitimacy, proportionality principle
PDF Full Text Request
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