The Identification And Legal Responsibility Of Discriminatory Treatment Behavior Of Internet Enterprises

Where the market economy exists,market competition is inevitable.Fierce industrial competition has constantly spawned many new types of unfair competition behaviors,which have exceeded the situations listed in articles 5 to 15 of the original anti-unfair competition law.Take the unfair competition on the Internet as an example.Previously,This behavior can only be adjusted according to general regulations or public interest and industry ethics.The promulgation and implementation of the new law included unfair competition on the Internet into the scope of law for the first time.Still kept the clause 4 as out,in order to adapt to the lag of law and the rapid progress and development of information network technology,but the court in practice how to unified Internet companies discriminatory treatment behavior standards and principles of imputation,and how to a set of adapt to the current Internet new unfair competition disputes solution,there is a little uncertainty and fuzziness.Based on the nature and responsibility of the discriminatory behavior of Internet enterprises,summarized its controversial focus,carefully study the relevant cases,the Supreme Court issued the latest guiding cases,practice of operation means,comprehensive analysis from the Angle of law judge Internet new determination and imputation of misconduct,This paper analyzes the standards and principles of imputation and how to deal with disputes in judicial practice.This paper is split into four parts: abstract,introduction,text and conclusion.The introduction.Incorporate research backdrop,research meaning,research status,contents and methods at home and abroad.The text.This paper is divided into five chapters,mainly from the following five aspects.The first chapter is the presentation of the case and the focus of controversy.In this part,the author focuses on whether there is discriminatory treatment of the products of a certain company by a certain network communication company and a certain online company.The second chapter is the case evaluation and analysis,this part analyzes the network environment of improper competition behavior recognition of the basic requirements;The third chapter is a hundred network news company,a hundred online companies have discriminatory treatment of strange company products behavior identification.The fourth chapter is a hundred network information company,a hundred Internet companies should bear legal responsibilities according to law.The fifth chapter is the inspiration of the case of discriminatory treatment of bainxx net.com and bainxx online company,and firstly analyzes the principal issues existing in the current research,including the identification of the nature of discriminatory treatment of Internet,the application of law and legal liability;Finally,the enlightenment of the newly revised anti-unfair competition law on this case is obtained.The epilogue.The conclusion emphasizes that the new anti-unfair competition law has been implemented,and how to put into use it in judicial practice,Therefore,it is very important to ensure the healthy competition and development of the Internet economy.