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Research On The Regulation Of The New Type Of Unfair Competition Behavior In The Network

Posted on:2020-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2416330575498372Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years,along with the innovation of network technology,the Internet wave has penetrated all corners of the world and changed people’s lifestyles.The network has become the basic platform for peopled social activities and economic activities,and has brought profound and comprehensive impact to the social economy.At the same time,the development of the network has profoundly affected the economic,political and cultural development of various countries,affecting the comprehensive national strength of a country,and has a core strategic significance for the country.It is an important weight for the country on the world stage.Therefore,countries attach great importance to the network.The development of technology.However,the development of network technology has brought great convenience to the social economy and politics,and it has also challenged social systems,especially related legal systems.The in-depth advancement of the Internet economy has brought about the innovation of traditional industries,promoted the vigorous development of the Internet industry,and brought opportunities for development to the economy.At the same time,it has also led to an increase in new types of unfair competition in the Internet field.Some unfair competition behaviors with distinctive network characteristics,such as traffic hijacking,malicious interference,commercial plagiarism,etc.,not only seriously damage the legitimate interests of the relevant operators,but also seriously disrupt the network economic order.A counter-unfair competition law is needed to respond.Based on this,in November 2017,Chinafs "Anti-Unfair Competition Law" was revised,and the Article 12 Internet Special Article was added to respond to the competition and legal regulation requirements in the Internet field,and the general clauses were well resolved-The pressure of the new Internet unfair competition behavior also satisfactorily solves the trend of expanding and explaining the general provisions of the second article of the current anti-law,but there are still vague and uncertain evil spaces in the "Internet monograph".To be discussed.Based on the background of the revision of the Anti-Unfair Competition Law,this paper takes the current development and competition of the Internet industry as the research background,lists the types of behaviors of the network’s new types of unfair competition,expounds the status quo of the relevant legal regulations and the characteristics of judicial decisions,and refines Summarize the constituent elements and identification criteria of typed unfair competition behaviors,and then propose countermeasures to improve relevant legal regulations and judicial judgments,in order to provide ideas for improving the legal regulation of new types of unfair competition behaviors.
Keywords/Search Tags:unfair competition, malicious interference, traffic hijacking, Robots protocol
PDF Full Text Request
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