Judicial Application Of General Provisions Of The New Anti-Unfair Competition Law

In recent years,with the continuous innovation of the Internet business model,unfair competition behaviors in this field is growing and a lot of new types of unfair competition emerging.This phenomenon has already attracted the attention of the legislative and judicial departments.At present,the new “Anti-Unfair Competition Law” has given a preliminary response to regulate Internet competition disputes.However,the continuous evolution of the Internet industry technology and the complexity of legal operations decide that only the written rules still have many shortcomings.At the same time,the general clause is a "Blank Proxy" awarded by the legislator.Although it has many problems,it still plays an important role in the judge's trial of new Internet cases.Therefore,in the current research we should accurately grasp the judicial application path of general clauses and solve the problems existing in the judgment process.This paper is divided into four parts to study the application of general provisions.The first part mainly studies the basic theories of the Anti-Unfair Competition Law.This part includes the definition,scope and function of the general clause.On this basis,This section is mainly discussed its positioning in the field of Internet competition with the revision of the “Anti-Unfair Competition Law”.The second part mainly studies the judicial status of the general clause in Internet competition disputes.By combing Internet competition disputes in recent years,we can recognizehe the development of the general clause and the court's basic position on this issues.The third part mainly discusses the preconditions and specific judgment criteria of the current general clause of the court.The prerequisite is the competitive relationship,and the judgment criteria mainly include the principle of good faith,business ethics,market effects and so on.Through the discussion of this problems,we can extract some problems and shortcomings of the current courts in the application of general clause.The fourth part mainly studies theoretical and practical experience to improve general clause.The specific idea is to combine the judicial practice of the civil law system and the common law system,and further to sum up China's judicial practice experience.On this basis,this paper proposes to give optimization suggestions on thetheoretical and practical levels.The system level is mainly to clarify the specific correspondence of relevant concepts at the legislative level,improve the recognition criteria of competitive relations,and construct a balanced market effect standard judgment model.The specific judicial practice process needs to further determine the applicable relationship between the Internet special article and the general terms,the type of case analysis and the appropriate use of the measure of interest measurement.