Study Of Laws Against Unfair Network Competition Under The Internet Background

In recent years,prime minister Li in his government work report put forward the idea of "Internet +" many times.The "Internet +" mean combined the Internet and traditional industries,actively explore a new mode of economic development,in this context,the development of network economy into a period of unprecedented prosperity,but with the development of network economy,some problem also follow.Market is a competitive market,so does the network market,there is competition,there will always be unfair competition.New revision of the "anti-unfair competition law" to put forward the concept of unfair competition changes,learning from "the anti-unfair competition law" to the definition of unfair competition,we summarized the network refers to the unfair competition in the market competition,contrary to the principle of good faith,using network technology and the way for web users resources,seek illegal economic interests,damage the interests of other operators and consumers and the public,disrupt social economic order.There are two kinds of forms of unfair competition,one is the traditional unfair competition shifted as the network marketing network in the market,another network unfair competition is to rely on network technology and produce a new type of unfair competition.The development of abroad in the network economy field is earlier than our country,though analyzing the mature experience of some foreign countries,it provides the perfect system of legislation,judicial and administrative supervision for China's online unfair competition.such as Germany and other countries in the field of Internet much earlier than our country,in the limited network of unfair competition law,the experience of these countries is more experienced than in our country,because of the different national conditions,not all experience is worth our using for reference,we need to distinguish treatment,apply when needs are fully demonstrated.We learn from the experience of the temporary ban policy in the United States,for example,means,at the time of acceptance in litigation,the court will be considered network operator issued a temporary injunction of unfair competition,to organize further loss,the parties and network case in the United States,quickly decision model,is also worth our using for reference.In legislation,it can draw lessons from Germany's pluralistic management system of rules and regulations,from the Angle of different anti unfair competition in the network environment with specific legislation,perfecting the regulation system of unfair competition,and so on.