Research On The Legal Regulation Of New Unfair Competition On The Internet

In recent years,with the rapid development of Internet technology,China’s Internet unfair competition behavior is emerging in an endless stream and full of tricks.Different from the extension of the traditional unfair competition behavior in the Internet field,the new unfair competition behavior in the Internet is the unfair competition behavior implemented by means of technology,which is new and changeable in form,different in appearance,rapidly updated,hidden in means and highly skilled in technology.Prior to this,disputes over new unfair competition behaviors in the Internet field were mostly subject to general provisions.However,since the amendment of the anti-unfair competition law in 2017,China has officially incorporated unfair competition behaviors on the Internet into the regulation of the anti-unfair competition law.However,due to the complexity and development of Internet technologies,as well as the unclear provisions of Internet unfair competition,there is still a large space for interpretation,and the relevant supporting measures are not perfect.Therefore,the regulation of such new unfair competition behaviors using Internet technologies is still in a dilemma.It is necessary to further explore the legislative,judicial and law enforcement solutions to the dilemma in the legal regulation of the new type of unfair competition on the Internet,so as to regulate the new type of unfair competition on the Internet more effectively.The article follows the general idea of "finding problems--analyzing problems--solving problems".Firstly,this paper analyzes the current situation of the new unfair competition behaviors on the Internet,and on this basis,it looks for the problems still existing in the legislation,judicature and law enforcement of the new unfair competition behaviors on the Internet after the revision of the anti-unfair competition law.Secondly,a comprehensive,in-depth and detailed analysis of different issues.Finally,some Suggestions are put forward to improve the law enforcement and judicial level of regulating the new unfair competition on the Internet.In addition to the introduction and conclusion,this paper is mainly divided into threeparts.The first part is an overview of the new unfair competition on the Internet.This paper mainly introduces the concept,characteristics and classification of new unfair competition on Internet in China.It is helpful to clarify the adjustment scope and applicable rules of the anti-unfair competition law to the new unfair competition on the Internet.The second part mainly introduces the current situation of the legal regulation of the new unfair competition on the Internet and the existing problems of legislation,judicature and law enforcement,and makes an in-depth analysis of the problems.First of all,there are some problems in the legislation and regulation of the new unfair competition on the Internet,such as the lack of typing of Internet articles,unclear concepts and the interpretation of disclosure clauses.Secondly,there are problems in the judicial regulation of the new unfair competition on the Internet,such as the judgment of malicious "incompatible" behavior,the improvement of the evidence of the new unfair competition cases on the Internet,and the time-consuming judicial remedy.Thirdly,there are some problems in the law enforcement regulation of new unfair competition behaviors,such as unclear division of law enforcement authority,lack of professionalism in law enforcement and lack of gradient design in administrative penalty.Aiming at the problems put forward in the second part,some Suggestions are put forward in the third part.In view of the problems in legislation,it is necessary to unify the inaccurate conceptual understanding and standardize the interpretation rules of the bottom-line clauses.It makes up for the lack of typed articles by means of illustration and strengthening case guidance.In view of the judicial problems and the judgment of malicious incompatibility,we should consider the two aspects of "malicious" and the influence of unfair competition on market competition.In order to improve the evidence system,it is necessary to collect evidence in a real-time and dynamic way to reduce the impact of evidence instability,and introduce network notarization to improve the proving power of electronic evidence.Secondly,in the distribution of burden of proof,the burden of proof is inverted.Finally,it is necessary to build a perfect Internet new unfair competition injunction system to minimize the losses of the injured parties.In view of the problems in law enforcement,it isnecessary to clarify the law enforcement powers and responsibilities in the new type of unfair competition on the Internet,innovate new supervision methods of unfair competition on the Internet,explore cross-regional network law enforcement linkage mechanism,and improve the knowledge level and supervision level of law enforcement personnel in the field of network professional technology.In addition,it is necessary to further refine the administrative penalty gradient according to the actual situation,so as to leave enough room for discretion for the new types of unfair competition on the Internet,and at the same time to reduce the problem of excessive individual punishment difference caused by too much discretion.