Judicial Case Study Of Internet Unfair Competition(2002-2018)

Because the Internet itself has the characteristics of emerging,flexible and highly open,the Internet unfair competition is almost born with the rise of the Internet.Specifically,Internet unfair competition includes two types: one is the performance of traditional unfair competition in the Internet,the other is a new type of unfair competition.Among them,the former has been clearly stipulated in the legal system,so there is basically no obvious controversy in the application of the law;while the latter has not yet made specific provisions in the law.Before 2018,the courts mostly applied the old anti-unfair competition law Article 2 to make decisions,and the article itself belongs to a general clause,so it inevitably produces inaccurate or inaccurate application.It's the risk of abuse.Through sorting out 161 cases of Internet unfair competition disputes between 2002 and2018,this paper summarizes and summarizes the identification ideas of the past judicial practice based on the constituent elements of Internet unfair competition,the fact-finding of hearing such cases and the application of law,and also analyses the scope of competition relations,the criteria for judging the legitimacy of competition behavior,and interconnection.The identification of "public interest" in the network environment.The new anti-unfair competition law came into force in 2018.In Article 12 of the law,there are specific provisions to regulate Internet unfair competition,which is also widely known as "Internet clause".According to the judicial practice experience of the past ten years,this paper proposes that we should solve the problems mainly from two aspects: first,the identification of specific difficult problems in the application of law,the determination of the legitimacy standard of Internet competition,the balance of interests of all parties,the reasonable understanding and application of specific problems in the "Internet clause";second,at the level of legal norms,we can.Consider concretizing the measurement of interests in judicial interpretation,adding the standard of "recognized business ethics",prudently using "pre-litigation prohibition" and other means,in order to effectively crack down on the infringers' improper acts,give the relevant intermediaries the right to sue,thus maintaining the orderly competition situation in the Internet industry market.