Research On The Legal Regulation Of New Types Of Unfair Competition In The Internet

As the basis for a foreign country to hear an international divorce case,the jurisdiction The Internet is profoundly changing the traditional mode of production,consumption and management mode,provided strong impetus for economic and social development.However,lack of competition rules in internet industry is harmful for all of us.The current anti-unfair competition law promulgated in 1993,the legislation lag caused the unfair competition behavior which exceed the stipulation of anti-unfair competition law to be unable to regulate effectively.There are also many problems in China's jurisdiction system,such as efficiency of lawsuit,right of jurisdiction,temporary restraining order and so on.But,it should be noted,the anti-unfair competition law is being revamped as the author write this article.Revised edition of anti-unfair competition law included the new-type unfair internet competition,and set up more strict legal responsibility.In the field of justice,there also many judicial rules about it,.This article is write to learn the foreign experience about the legal regulation of new-type unfair internet competition behavior,and develop a characteristic system for China.The article consists of four parts.The first part is an overview of new-type unfair internet competition behavior.The author defines the concept of new-type unfair internet competition behavior,and introduce the characteristic of it.This part especially underlines the typical research on it,such as ARP,anvi ad blocker,domain name pricay,client disturb,Pay-Per-Click.The second part is the current situation of legislation in new-type unfair internet competition behavior.The author gives a review and analysis on the legislative development of anti-unfair competition.Meanwhile,from the angle of legal regulation of new-type unfair internet competition behavior,the article also analyse the problems of China's anti-unfair competition law,as well as the revised edition of it.On the basis of the advanced experiences of foreign countries,the author puts forward suggestions on how to consummate the legislation of China's anti-unfair competition law,include expand the scope of operator's definition,establish a perfect legal liability system and so on.The third part is an analysis of the plight in the new-type unfair internet competition behavior jurisdiction system.Laying the foundation for review of the judicial rules of unfair internet competition behavior,The author raises issues in China's jurisdiction system.The issues include of competitive relationship,efficiency of lawsuit,the right of jurisdiction and temporary restraining order.Faced with difficulties in the judicial practice,the author puts forward suggestions on how to solve the real problems in judicial practice,so as to really protect the legitimate rights and interests of legitimate operator in the market.