Research On The Legal Application Of Internet Unfair Competition

Due to the lack of specific legal provisions for the new type of Internet unfair competition,in the past,the court used the second article of the 1993 Anti-Unfair Competition Law as the basis for the judgment,which basically adapted to the needs of the Internet market competition,but was protected by absolute rights.The influence of thinking factors,so in some cases there is the problem of abuse of general terms.The"Anti-Unfair Competition Law" newly revised in 2017 modifies and improves the provisions of the general provisions of Article 2 on the basis of summing up the experience of previous trials.In order to enhance the certainty of the application of law and better regulate the unfair competition behavior of the Internet,the Anti-Unfair Competition Law has also added Article 12 to fill the previous legal gap,but there are still limitations.In order to better regulate Internet competition behavior,we should pay attention to several aspects in the application of the current Anti-Unfair Competition Law.First of all,the relationship between the general clause and the specific clause should be clarified.Secondly,when the competition relationship is determined,it should not be limited to the same industry,and the competition relationship should be determined from a broad perspective.Then,in the determination of the unfairness of the competition behavior,Consider whether the behavior violates the principle of good faith,and also combines the characteristics of behavior to measure the interests of operators,consumers,and other operators;finally,regulate the collection of electronic data.This has practical significance for better regulating the unfair competition behavior of the Internet.