Research On The Soft Law Regulation Of Unfair Competition Behaviors On The Internet

With the rapid development of the Internet economy,especially with the innovation of technological progress and business model,the unfair competition behaviors of the Internet are constantly emerging.The unfair competition behaviors of the Internet have the characteristics of technology,complexity,concealment and phase.There are great differences with traditional acts of unfair competition behaviors in forms and form of expression etc.Although in recent years,the judicial organ have ensured the orderly development of the Internet market in a certain extent according to the general provisions of regulation and at the same time the anti unfair competition law in 2017 has also controlled this kind of behavior,the "Anti Unfair Competition Law" as the representative of the stability,hysteresis and stiffness of the hard law in the regulation of this kind of behavior when there is still insufficient,such as high cost,lack of response to the problem.The soft law mechanism,as a regulation mode that the academic circles pay attention to as a concept of social pluralism governance and cooperation supervision,is compatible with the unfair competition behaviors of the Internet in many aspects,and it can make up for the deficiency of hard law regulation.Although the academic field have carried out a great deal of fruitful research on regulation of unfair competition behaviors of Internet and regulation of soft law,it is necessary and feasible to combine the two to study and systematically summarize the soft law regulation of the unfair competition behaviors of the Internet.At the same time,in view of the few problems that exist in the practice of soft law regulation,it is urgent to respond to the academic circles.In view of this,the passage is based on the two basic problems of the practical feasibility of the soft law regulation on unfair competition behaviors of the Internet problem and lack of regulation.Using a variety of research methods such as case analysis and normative research and case study,the thesis strives to prove the feasibility of soft law regulation on unfair competition behaviors of Internet.It also puts forward the solution to the problem of soft law regulation,and effectively regulate unfair competition behaviors of Internet under the perspective of coordination between soft and hard law.This paper is based on the analysis of "finding problems,analyzing problems and solving problems".On the one hand,according to the particularity of unfair competition behaviors of Internet,the necessity and feasibility of soft law regulationon unfair competition behaviors of Internet are to be demonstrated.On the other hand,put forward a solution on the basis of combing the problems of the soft law regulation of the unfair competition behaviors of the Internet.In addition to the introduction and conclusion,the article mainly consists of the following four parts:The first part: the basic theory of the soft law regulation of the unfair competition behaviors of the Internet.First of all,it introduces the connotation of unfair competition behaviors of the Internet and its distinctions from the traditional unfair competition behaviors.Secondly,on the basis of introducing the concept and origin of soft law regulation,we derive the origin of soft law regulating unfair competition behaviors of the Internet,including industry standard,self-regulation standard,self-regulation convention,platform rule and so on.The second part: the necessity and feasibility of the soft law regulation of the unfair competition behaviors of the Internet.First,it introduces the necessity of the soft law regulation of the unfair competition behaviors of the Internet,including the three aspects of legislation,law enforcement and litigation.It points out that the hard law has a higher cost.Secondly,the text of the anti-unfair competition law is taken as an analysis object to reveal its specific shortcomings.Lastly,based on the lack introduction of hard law regulation,we analysis the feasibility of the soft law,It is compatible with the unfair competition behaviors of the Internet and has a lower regulatory cost,The second part puts forward that the soft law regulation is in line with the concept of social pluralistic governance and cooperative supervision concept,which is consistent with the requirements of the Internet development,and corresponds with the regulation function of the anti-unfair competition law.The third part: the main problems of the soft law regulation of the unfair competition behaviors of the Internet.This part mainly points out the regulation of the Internet unfair competition behaviors of soft law making bodies,the effectiveness of implementation and the mechanism of execution problems.Specific analysis and formulation of problems such as the lack of multi-party subjectivity,imperfect consumer participation mechanism,and the formulation of the preferences of the main body and so on,pointed out that the effectiveness of the soft law regulation,the lack of system standardization and the coordinated governance of the hard and soft law are not enough.The fourth part: the Countermeasures of the soft law regulation of the unfaircompetition behaviors of the Internet.We should clarify the legal status of the soft law;secondly,to determine the subject of unfair competition on the Internet field of soft law,It includes improving the participation mechanism of soft law making by industry self-regulation organizations,Internet companies and consumers,and making clear the value guidance of soft law making to regulate Internet unfair competition behaviors.Thirdly,to enhance the soft law effect,establish and improve the industry association and the Internet platform within the mediation function,realize the regulation of unfair competition in the Internet's soft law system and dynamic adjustment,improve the judicial and administrative acts of unfair competition on the Internet the soft law protection function.