The Research On The Legal Regulation Of Unfair Competition Behaviors In Webcast

Since 2016,the webcast has become an important activity in the public Internet entertainment life.Due to its novelty,richness and variability,webcasting brings people a fresh and unique experience,but with the development of this new industry,there are many unfair competitions,such as the live broadcast platform pirating other platforms'live broadcast screens,platforms poaching staff from others,platforms publishing fraudulent data to deceive users,anchor plagiarism other anchors,etc.,caused damage to the interests of the market main bodies,and destroying normal competition orders,it is actually a manifestation of market out of order,so the regulation of unfair competition behaviors on the webcasting is imperative.In practice,it has emerged cases in which the parties have filed a live broadcast of unfair competition,and the court ruled the case by Anti-Unfair Competition Law.However,there are few legal research results in this field,and theoretical guidance cannot be provided in time,and the current regulatory system exists all kinds of problems,these have created an opportunity for the proliferation of illegal acts,so the regulation of unfair competition behaviors on the live webcast needs to be improved.The webcast is based on Internet technology,the electronic device is the carrier,and the virtual network room,and is a kind of "screen-based" activity for real-time communication and interaction with the anchors and audiences,the unfair competition in the field can be divided into major types such as piracy behavior,improper imitation,inducement of default,confusing behavior,false propaganda,and non-essential software bundles,each type of behavior has its own specific performance and legal responsibilities,and is divided into justification criteria for business ethics that violations of general provisions or justification criteria for behavioral compositions that violations of specific terms.However,for these unfair competition behaviors of webcasting,there is still a certain gap between the existing regulatory effects and the ideal effect,there are not only problems about concurrent of legal in the regulatory system,but also the core regulations——regulations of Anti-Unfair Competition Law has problems that are not good enough on legislation and justice,such as the uncertainty of general clauses,the unreasonable provision of specific clauses,the imperfect liability for damages,the discretion of damage exceeds the reasonable limit,etc.,analyzes the above problems,and proposes the methods and suggestions for concurrent and competition,will help to fully grasp the problems in the field of unfair competition in the live broadcast of the Internet,give play to the advantages of the new anti-unfair competition law,strengthen the systemicity and effectiveness of the unfair competition regulation of the live broadcast,and also help to enhance the competition subject and the public's sense of fair competition guides and promotes the healthy and orderly development of the live broadcast industry.