Research On Legal Regulation Of Network Unfair Competition

Since the human society entered the age of the Internet,the rapid development of the Internet has led to the prosperity of the market economy.Behind the prosperity,however,malicious and unfair competition has also emerged in the industry,resulting in excessive competition and harm to others.This has seriously undermined the market order of the Internet.The 1993 edition of the People's Republic of China Anti-Unfair Competition Law(hereinafter referred to as the “Old Law”)does not specifically provide for the complete regulation of network unfair competition.China has also issued regulatory documents concerning online transactions,domain name management,etc.Authoritative and can not reach the purpose of combating unfair competition in the network.The 2017 version of the People's Republic of China Anti-Unfair Competition Law(hereinafter referred to as the "New Law")adds new provisions to the extension of traditional unfair competition in the network,taking into full account the application of the law on unfair competition in networks.There is a special rule for competition.However,the new law does not provide an answer to the criteria for identifying unfair competition in the Internet and the meaning of unfair competition in the Internet.There are still controversies when it comes to the specific application of legal issues.This article starts from the meaning of network unfair competition and analyzes the particularity of network unfair competition,and it specifically deprives consumers of the right to choose,the unbounded nature of damage consequences,the diversity of the subject of the act,and the particularity of the application of law.Due to the rapid development of the new network technology model,unfair competition based on network technology can not be enumerated in detail.Therefore,this article regards the areas involved in network technology and divides the network unfair competition into improper network links,network mandatory advertisements,and improper software.Interfering with the three types of behavior,and using the market effect standards to identify network unfair competition.In view of the problems existing in the legislative,judicial,and administrative law enforcement processes in China,based ondrawing on Germany and the United States to regulate network unfair competition,the author believes that general terms should be established to make it become the standard for judges to decide cases;Carry out a broad determination to maintain a balance of fairness and freedom;need to strengthen legal responsibilities and severely punish unfair competition on the Internet.At the same time,the pre-indictment ban system was introduced and consumer rights and interests were protected in order to achieve the goal of improving judicial efficiency and saving judicial costs.The establishment of a network law enforcement agency will clarify the basis for administrative law enforcement and provide institutional guarantees for the regulation of unfair competition in the Internet.