On The Legal Regulation Of Exclusivity Competition In Network

Since the 21 st century,with the emergence and continuous development of the Internet,the Internet has slowly entered people's daily lives.China Internet Network Information Center(CNNIC)announced the “2018 China Online Shopping Market Research Report“.By the end of 2018,the number of online shopping users in China reached 829 million,and the penetration rate reached an astonishing 59.6%,compared with the end of 2017.It rose by 3.8% and increased by 56.53 million.China's Internet users reached 871 million.With the rapid development of China's Internet information technology,China's Internet market is booming.In the context of China's vigorous development of the Internet market economy,more and more operators have joined the Internet market,and the number of network e-commerce has exploded like an explosion.Driven by the huge interest in the Internet market,network market operators have launched various struggles on the huge platform of the Internet in order to occupy more and larger market share.For example,the famous3 Q war,the double eleven JD T-mall two elections,today's headlines v.BIDU and so on.These online exclusive competition behaviors,which are significantly different from traditional unfair competition behaviors,not only infringe upon the legitimate rights and interests of consumers,but also pose great challenges to the legislation of the legislature and the judicial practice of the judiciary.In 1993,the Anti-Unfair Competition Law promulgated and implemented by China lacked specific regulations on regulating exclusive competition in the network.Therefore,the law does not clearly define the boundaries of Internet companies' implementation of competition,nor can they play the role of guiding competitors to abide by the competition order.In this context,the relevant government part added the provisions on the regulation of competition in the online market in the new“ Anti-Unfair Competition Law “ revised on November 4,2017,and made the second and third paragraphs of Article 12.Provisions.However,the types of network exclusive competitions listed in Article 12 do not indicate the characteristics of theexclusive competition behavior of the network and the constituent elements of the behavior.Therefore,in view of some shortcomings at this stage,this paper classifies and analyzes the exclusive network competition behaviors existing in the Internet,and summarizes the typical network exclusive competition behaviors in the induction stage to provide valuable value for the Anti-Unfair Competition Law.And the typical material,and then combined with the theoretical basis of the competition law to analyze the necessity of regulating the exclusive competition behavior of the network.Finally,by studying the current status of China's current network exclusive competition behavior regulation and referring to the shortcomings in the stage regulation system,on the basis of drawing on the extra-territorial regulation system,it proposes to improve the new “anti-No“ issued on November 4,2017 in China.Legislation of the Law on Legislation,Judicial and Law Enforcement Suggestions on Regulating Exclusivity of Network Competition,in order to achieve the effective operation goal of pursuing the competition mechanism of the network market.The exclusive competition of the network is a new thing brought about by the rapid development of the network era.Its characteristics of harm,complexity,concealment and multipleity determine that it is necessary to thoroughly study the exclusive competition behavior of the network.It must be sorted out in the current network market.The mainstream of the typical network exclusive competition,the interpretation of the text of the judicial judgment,the analysis of the constituent elements and classification of typical domestic cases,in order to clarify the legal relationship,clarify the rights and obligations of the subject and its responsibilities,and achieve full theoretical research.The purpose of practice support.This paper is divided into four parts: The first part is an overview of the exclusive competition behavior of the network,analyzes the characteristics and harms of the exclusive competition behavior of the network,and uses empirical analysis and types for some network exclusive competition cases existing in the domestic Internet market at this stage.The analysis of two analytical methods for analysis provides a legal basis for the legal regulation of exclusive competition in the network.The second part is the analysis of the nature of exclusive behavior of online competition.At present,there are two kinds of views on the nature of exclusive online competition behaviors—monopoly behavior and unfair competition behavior.I analyze the nature and define the boundaries of exclusive online competition behavior.The third part is to review the status of domestic legal regulation through theoretical analysis,and point out the defects and shortcomings of China's network exclusive competition behavior regulation.The fourth part is to make suggestions for the improvement of the exclusive competition regulation of the network in the “Anti-Unfair Competition Law“ from three aspects of legislation,justice and law enforcement.