Research On The Legal Issues Of Anti-Unfair Competition Law From The Perspective Of Internet+

The arrival of the Internet+ era has made important contributions to assisting our country's economic development and changing the market competition model.At the same time,it has also made the market competition present an unprecedented new type of unfair competition.These new types of unfair competition seriously infringe the legitimate rights of market operators and consumers and have undermined the market competition order;more seriously,the current “Anti-Unfair Competition Law” cannot effectively regulate unfair competition.Under the background of the principle of civil society under the rule of “one can do whatever no law prohibits”,the lag and incompetence of “Anti-Unfair Competition Law” are undoubtedly revealed.In fact,traditional unfair competition behaviors have been rare in reality.The real threat to the market competition order is precisely the new type of unfair competition behaviors represented by the Internet +.But unfortunately,even “Anti-Unfair Competition Law” which was implemented this year,whose regulation on unfair competition in the Internet + visual field,is still incomplete and principled,which cannot meets the realistic needs of building a free and fair market competition order.Here,according to the basic research idea of "problem-raising—problem-analysis—problem-solving",the paper conducts a comprehensive and systematic study on the legal issues of unfair competition under the Internet + visual field.In the first part,the paper summarizes the types of new unfair competition that has emerged in the internet + visual field in recent years,and proposes the inadequacy of the regulation of new types of unfair competition and the bad consequences of unregulated unfair competition.The second part analyzes the legal issues of unfair competition in the Internet + visual field which elaborates from three aspects of the business ethics of honesty and credit,the subjective malice of competitors,and damaging the interests of competitors,consumers,and the public.It sorts outthe criteria for unfair competition behavior in the Internet + visual field and analyzes the new characteristics and the reasons of the new unfair competition in the Internet + visual field.The third part mainly studies the legislation and judicial practice of Germany and the United States.Its advanced experience in the regulation of Internet unfair competition behavior can provide further guidance and recommendations for the revision and improvement of China's "Anti-Unfair Competition Law".The fourth part combines the newly revised “Anti-Unfair Competition Law” and foreign advanced legislative experience,and puts forward relatively sound suggestions from three aspects of legislation,judicature and administration to address the legal issues of unfair competition under the Internet+visit horizon.On the aspect of legislation,it proposes a series of proposals such as to grant consumers the right to sue for the rights of the delegation,to introduce the temporary restraining order system,to increase the general "diffuse clause",and to increase the Internet anti-illegal competition public interest litigation system,so as to effectively protect the legality of Internet operators and other market participants.Judicial aspects are illustrated in terms of the publication of guiding cases and the improvement of judicial interpretation.Finally,from the perspective of administrative regulation,the paper proposes to establish an independent law enforcement agency,to improve the illegal early-warning mechanism,and to establish a specialized electronic commerce disputes disposal agency.