Research On Judicial Application Of Usage Of Trade In Cases Of Unfair Competition On Internet

For a long time,the theoretical and practical pay more attention to the Internet unfair competition.From no legal basis to interpret general provisions,from interpret general provisions to issue the Law of the People's Republic of China on Combating Unfair Competition in 2017,in order to explorate the pathway of how deal with the internet unfair competition.However,the Internet usage is changing rapidly.Whether the newly revised "Internet clause" will continue for the next twenty years is also a question worth pondering.At the same time,we can not stop because of the dust of the new law,not to think about the existing problems of the unfair competition of the Internet.Moreover,at present,both theoretical and practical circles are limited to the definition of business ethics and good faith principle,and no more attention has been paid to the value of the usage of trade in regulating Internet unfair competition.Therefore,this paper combines the theory with practice,based on usage of trade and business ethics and the theory of soft law analysis and usage of trade in the judicial practice of application status quo were studied on the basis of the combination of new Internet unfair competition disputes come to the study of a new path.Compared with analysis of the meaning of business ethics,honesty and credit of uncertainty,we can through abiding by the rules of already established usage of trade as determining whether constitutes unfair competition behavior standard.In the first part,the definition of usage of trade.It is necessary to define the theory of the usage of trade,because there is no unified concept of the usage of trade in the existing articles.The first part defines the concept of the usage of trade;and then the comparison of the usage of trade and soft law,soft law and the usage of trade that are similar in origin;finally,comparing the usage of trade and business ethics,the usage of trade is different from business ethics and plays a unique role.The second part,the problems of usage of trade.This part is based on the first two parts of the research on the theory and practice of the usage of trade,and sort out the problems existing in the existing the usage of trade.Further,it is concluded that there are some problems in the application of industry routines,such as the lack of necessary reasoning,thelimitation of the new rules for the formation and formation of business ethics,and the ambiguity in the new anti unfair competition law.Further,the following are more targeted to facilitate the proposal of application.The third part,the analysis of usage of trade.This part is mainly from the necessity of the application of the usage of trade and the value of the application of the analytical the usage of trade in the case of unfair competition in the Internet.On the one hand,the fuzziness of the business ethics and the principle of good faith and the introduction of new laws make it necessary for the usage of trade to be in the case of unfair competition in the Internet.On the other hand,from the unique nature,actionable nature of the usage of trade and the "two-dimensional review",we can see that usage of trade is feasible in the case of Internet unfair competition.The fourth part,the recommendation of application of the usage of trade On the basis of previous studies of usage of trade,this section puts forward suggestions for the application of Internet unfair competition cases under the background of the new anti unfair competition law.The main points are to clarify the applicable conditions of industrial practices,clarify the scope of application of industrial practices,clarify the applicable level of industrial practices,and how to implement usage of trade in detail,and put forward their own opinions respectively.