Research On Legal Regulation Of New Umfair Competition Behavior On Internet

In the process of rapid development of Internet technology,the Internet influences and changes our lifestyle from various aspects of life,providing sufficient impetus for the development and progress of society and market.But at the same time,due to the rapid development and high-tech characteristics of the Internet,the manifestations of network unfair competition in the field of the Internet vary in many ways.Compared with the traditional improper behavior of the real society,it has a wider scope,faster speed,difficult to identify and other problems,which need to be solved urgently in order to maintain consumers and their economic market.The legitimate rights and interests of other operators and the maintenance of market order are conducive to economic progress and development.In order to regulate new types of unfair competition in the field of network and provide its main legal basis,the Anti-Unfair Competition Law was overhauled and passed by the Standing Committee of the National People's Congress on November 4,2017.The revised Anti-Unfair Competition Law came into force on January 1,2018.In the process of the new revision of the anti-unfair competition law,the new network unfair competition behavior has received due attention.The new law adds special provisions of the new unfair competition behavior in the field of the Internet,lists three specific manifestations of the high-frequency behavior in real life,and makes appropriate supplements with the bottom clause.In the judicial field,with the rapid progress of Internet technology and economic market,new types of Internet misconduct are manifested in a variety of ways and cases emerge one after another.In judicial practice,some judgment principles and judgment rules have been created,and there are specific and applicable judicial interpretations.At the same time,law enforcement is the last key to guarantee the effect of legislation and judicial application.The specialization,effectiveness and timeliness of law enforcement agencies are very important.This article combs the problems existing in legislation,justice and lawenforcement and puts forward corresponding suggestions in order to better regulate the new network misconduct,maintain market order and promote orderly and healthy development.Therefore,through the analysis of the latest legislative frontier,judicial application and law enforcement situation,it is of profound significance to clarify the advantages and disadvantages of the existing,and further put forward suggestions and solutions for improvement.Under this arrangement,this paper is divided into five parts:The first part is an overview of the new type of network unfair competition in the field of internet.By sorting out the development process of the identification of this behavior,the author defines the Internet competition behavior,clarifies the similarities and differences between the traditional unfair behavior and the new type of network unfair behavior in the field of internet,so as to better distinguish regulation.At the same time,it explains the characteristics of the new type of Internet improper behavior,through the understanding of the characteristics,better define the specific manifestations of its behavior.Through the analysis of the characteristics and concepts,we can clarify the manifestations of the new type of Internet misconduct and define it,so as to facilitate effective regulation.The second part classifies and typifies the new types of Internet improper behavior in the market reality.By extracting some common and harmful expressions from the analysis methods,the existing Internet improper behavior can be divided into domain name improper behavior,software improper behavior,search engine improper behavior,link improper behavior,Internet wide.Five categories,such as informing of improper acts,are analyzed in detail to further define new types of improper acts in the specific Internet field.This classification is a common classification in judicial practice.It is convenient to supplement the shortcomings of defining specific acts in legislation and provide directions to prevent the vacancy of bottom clauses.In the third part,through the analysis of the situation of the regulation of the new type of improper acts in the field of Internet,the current situation of the regulation of the new type of improper acts in the field of Internet,such as the existing legislativeregulation system,the principle of identifying Internet competition in judicial practice,the current situation of the regulation of law enforcement by the relevant administrative organs,and the analysis of the problems in the regulation process of the new type of improper acts in the field of Internet,A comprehensive analysis is made at the legal and administrative levels to provide a perspective for the comprehensive improvement of regulation in many aspects.The fourth part draws lessons from the experience of foreign countries in the regulation of new types of improper acts in the Internet field,draws lessons from some foreign effective experiences,and pays attention to the application of migration,so as to provide enlightenment and reference in the improvement measures of our country.The fifth part hopes to put forward applicable legal regulation suggestions on the basis of the foregoing analysis,through legislative regulation suggestions: "enumeration clause" modification and perfection,legal liability modification and perfection,strengthen the relationship of affirming competition,judicial regulation suggestions: clear the jurisdiction of the court,introduce the corresponding pre-litigation injunction system,increase targeted professional and technical trial system.At the level of law enforcement,the regulation suggestions are as follows: to establish a specialized network competition law enforcement agency,to refine the gradient of fines,to introduce administrative mediation system,to build a unified law enforcement and a clear division of labor law enforcement system,to put forward suggestions from multiple perspectives,and to put forward suggestions for improvement on the basis of finding and analyzing problems.