Research On The Application Of Internet Article In Anti-unfair Competition Law

In recent years,the number of new unfair competition cases on the Internet has increased rapidly,and the judicial organs usually apply the general provisions of anti-unfair competition law and carry out judicial cognizance according to the two kinds of paths of "law centralism" or "reason centralism".However,the standard of "damage violates the principle of good faith and recognized business ethics" is very limited when it is applied to Internet competition,and there are also inherent defects in judicial self-created rules such as "non-public welfare must not interfere".The new Anti-unfair Competition Law establishes the "Internet Article" in Article 12 through the provisions of "enumerating generalization".The listed provisions of Internet articles come from the induction of judicial practice.In conclusion,most of the unfair competition disputes on the Internet have been solved when applicable,but there are also many shortcomings in the typological provisions.For example,the third type of behavior in paragraph 2 requires that the subjective aspect must be malicious,while the other types of behavior do not consider the subjective aspect,so it is difficult to determine whether to consider the subjective aspect when referring to the generic provisions to evaluate the new behavior type.There are only three types of typed behavior.When a new type of behavior appears,only the "general rule" can be applied.However,there are also many shortcomings in the application of the general type of behavior.For example,a general provision describes only a result of an act,not a pair of pairsThe constituent elements of unfair competition in the network are explained in detail,so it is inevitable to expand the discretion of judges.In addition,the newly amended Anti-unfair Competition Law does not stipulate the principle of non-public interest necessary non-interference as a legal basic principle,and does not specify the order of application of the basic principles,and at the same time,it does not specify the application of the method of balance of interests.In view of the shortcomings of "Internet Article",this paper through case analysis,comparative analysis,deductive reasoning,literature research and so on,on the one hand,intends to expand the types of unfair competition on the Internet and do not distinguish between the subjective good and evil of operators.Good application of "Internet special article typology stipulation";On the other hand,by drawing lessons from the viewpoint of "public interest priority" in the principle of "non-public welfare necessity non-interference",it is considered that "public interest necessity" interference behavior can eliminate the illegality of behavior,but "non-public interest or non-necessary" interference behavior is not necessarily illegal behavior,but also need to draw lessons from the basic principles and use the method of interest balance to perfect the application of "Internet special article general regulation".Therefore,in the trial of new unfair competition cases on the Internet,judicial practice should abide by the applicable rules of the law,follow the laws of the Internet economy,prudently apply the method of balance of interests,speed up the formulation of judicial interpretation,and make clearAnd refine the main points of the application of the general provisions and give the judge the power to balance the interests,so as to improve the legal application of the Internet Article.