Research On Legal Regulation Of Unfair Competition Behavior Of Network

In recent years,the continuous advancement of Internet science and technology has not only brought changes to people's lives but also accelerated the development of the economy.The increasingly fierce market competition and the increasing pressure on operators have prompted the upgrading of unfair competition.The same is true of the network economy market,and the means of network unfair competition will be more advanced and difficult to regulate than the reality.The characteristics of the Internet,such as its technicality,virtuality,and openness,make the manifestations of unfair competition in the Internet fundamentally different from those manifested in the actual traditional markets.This makes it difficult to detect network unfair competition,even if it is discovered.The process of identifying the nature of its actions is also a difficult one.It has brought great challenges to administrative judicial personnel,such as malicious links to the Internet,malicious software,and cybersquatting.With the increasing dependence of social life on the Internet,infringements of unfair competition on the Internet by operators and consumers have become increasingly common,and the harm to market economic order has become more and more serious.In order to protect the healthy development of the socialist market economy,it is imperative to strengthen the legal regulation of unfair competition on the Internet.Based on the relevant legal systems in developed countries and in combination with the theoretical and practical experiences in the regulation of network unfair practices in China,this paper seeks to systematically summarize the main types of network unfair competition practices and their identification methods,and at the same time find out the regulatory network in China.There are shortcomings in improper behavior,and on this basis put forward sound suggestions.The paper consists of five parts.The first chapter introduces the research background and purpose,theoretical and practical significance,relevant academic research at home and abroad,and the article's thinking and methods in the writing process.The impact of the Internet on people' s lives has been deepening,and the behavior of network unfair competition has also become increasingly frequent.Research on them has profound theoretical and practical significance.The second chapter elaborates the connotation,characteristics and specific manifestations of the network unfair competition behavior.It mainly discusses the traditional network unfair competition behavior and the network new unfair competition behavior and the difference between the two,and selects the two representative The behavior was analyzed in detail,and the cause of unfair competition in the network was finally introduced.The third chapter elaborates the legal recognition standard of the network unfair competition behavior from the subjective factors such as the definition of the network operator,the infringement of the consumer's rights and the order of competition and other object factors.The first paragraph of chapter four focuses on the progress of the new revision of the "Anti-Unfair Competition Law" in China and points out the problems existing in China's regulation of unfair competition in the Internet from the perspective of legislation,justice,and law enforcement.Chapter V,on the basis of summarizing the foregoing discussion and lessons from foreign advanced regulatory experience,puts forward specific proposals for China' s legislation,judicature,and law enforcement.