Review Of The Unti-unfair Competition Law About Hijacking User Traffic

With rapid development of Internet technology,various forms of competition are emerging.There are many new unfair competition behaviors beyond within the scope of the chapter 2 in The Anti Unfair Competition Law,such as hijacking user traffic behavior.The judge usually applies the article 2 of Anti Law to judge the behavior of hijacking user traffic,which has been acting as the general clause.But there are still a lot of controversy in the application of it.As we all know,the process of the application of law is essentially the process of measuring interests and judging value,and the interest measure of the case is the full proof for applying the general clause to explain the traffic hijacking.Therefore,the paper found that is possible to use the measure of interest to better apply the general clause through the analysis of the judicial principle of the count,and it is beneficial to maintain the greatest modesty of justice.This paper is divided into four parts,the first part is an overview of Baidu v.Sogou mobile phone browser case,explains the case through,and sumed up the case of the referee that was the general clause of the application of the problem;the second,third and fourth part are detailed analysis and elaboration about the constituent elements of appliance of general clause,and about the plight of general clause in the application.And then the paper combines with the principle "non-public welfare necessary do not interfere with" which was proposed from the case of traffic hijacking in the framework of the measure of interest,finally gets conclusion that measure of interest has a significant effect on solving the dilemma of the general clause in the application.