Regulation Of Deep Linking Behavior By The Anti-Unfair Competition Law

The network link is an effective way to help users locate target information and improve search efficiency.However,as one of the achievements of network link technology,the deep linking technology has gradually evolved into a means of unfair competition.At present,the deep linking behavior occurs frequently.But its judicial regulation is in a state of confusion.On the one hand,the application of the law to regulate deep linking behavior is not clear.Whether the victim sues for the deep linking behavior or the judge makes the trial,there are several alternative laws,including the Criminal Law,the Copyright Law and the Anti-Unfair Competition Law.On the other hand,in the process of asserting the deep linking behavior and determining the responsibility,there is no unified norms.So,the judge's subjective factors have a great influence on the result,which undoubtedly is not conducive to the realization of judicial fairness.In view of this,through analyzing and comparing the advantages and disadvantages of the regulation of deep linking behaviors by relevant departmental laws,this thesis advocates for applying the Anti-Unfair Competition Law to regulate deep linking behavior,then makes specific suggestions.In addition to the introduction and conclusion,the thesis is divided into four parts.The first part of the thesis introduces the basics of deep linking behavior,including the definition,characteristics and typical forms.The definition section aims to define the deep linking behavior discussed in this thesis and exclude the deep linking mode which is linked to the sub-pages of the linked website.Then stating the characteristics and typical forms so as to helping understanding the deep linking behavior better.The second part of the thesis sorts out the necessity and feasibility of applying the Anti-Unfair Competition Law to regulate deep linking behaviors.By analyzing the predicament of regulation by the Criminal Law,the inadequacy by the Intellectual Property Law and the superiority by the Anti-Unfair Competition Law respectively,it is found that it is necessary to choose the Anti-Unfair Competition Law as the legal basis,as managing multiple interests and coping with the diversity and levity of the deep linking behavior,with feasibility.The third part of the thesis introduces and analyzes the dilemma existing in the application of Anti-Unfair Competition Law in regulating deep linking behaviors.Compared with other department laws,it is more appropriate to regulate the deep linking behavior by the Anti-Unfair Competition Law,but there are still problems.The dilemma mainly includes: Article 12 of the new Anti-Unfair Competition Law is not very maneuverable,the elements of the deep linking behavior are not clear,and the punitive damages awards are generally low.In addition,the judge's experience in hearing such cases is also not rich and so on.The fourth part of the thesis puts forward some suggestions on the regulation of deep linking behavior by the Anti-Unfair Competition Law.Such as adding the specific provision of the deep linking behavior,defining the elements of the deep linking behavior from three aspects of subject requirements,subjective requirements,and objective requirements,enlarging the scope of damages,giving a clear calculation method of damages,refining discretionary considerations,as well as introducing punitive damages.In addition,when applying the Anti-Unfair Competition Law to regulate the deep linking behavior,it is supposed to distinguish the boundaries between technological innovation and unfair competition carefully,avoiding undue interference in the market competition and improperly restricting the development of internet technology in the maintenance of market competition.