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Research On The Legal Regulation Of The Internet New Unfair Competition Through The View Of The "Internet Special Article"

Posted on:2020-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:T J YouFull Text:PDF
GTID:2416330623953766Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the Internet technology,not only has it changed people's lives tremendously,but it has also injected new vitality into the market economy.It brings unlimited business opportunities and benefits to the Internet merchants.But market development and market competition always go hand in hand,in order to seize more business interests and trading opportunities,businessmen often take various improper means to launch fierce competition.Also because of the hightech nature of Internet technology,competition in the field of Internet has its own characteristics of strong concealment,great harm and wide coverage,so that the eleven kinds of unfair competition acts stipulated in the Anti-unfair Competition Law promulgated in 1993 are not enough to adjust more and more new and complex Internet unfair competition.In the past judicial practice,Article 2 of the Anti-Unfair Competition Law is often used as a general clause to regulate unfair competition,however,due to the lack of uniform applicable standards,there will be a great controversy in the process of defining the competitive relations,competitive interests,illegality,etc.Therefore,the legislature of our country added 12 articles to the new Anti-Unfair Competition Law,which was amended and passed by the Standing Committee of the 12 th National People's Congress at its 30 th meeting on November 14,2017,to regulate Internet competition(Hereinafter referred to as "Internet Special Article")to regulate the Internet competitive environment,the development of the times."Internet Special Article" adopts the legislative model of "generalization + enumeration + save clause ".We can see the prototype of important cases in recent years in this list of articles,it can be considered that this enumeration clause is abstracted from these cases.This leads to the conflict between the lag of the law and the rapid development of the network,which makes it easy for the relevant enumeration clauses to be inappropriately set up so that the clause cannot be applied in practice for a long time,destroying the predictability and stability of law.In addition,the "Internet Special Article" can be regarded as a general clause in the field of Internet competition,the application of this clause in practical issues such as value orientation,the scope of judges' free appreciation and so on should also be defined.In terms of supervision,we can see that although the amount of punishment has been increased and the subject of supervision has been increased in this amendment,there are still some problems,such as the imbalance between punishment and profit,the overlap of supervision,the low level of legal effect of trade associations,and so on,which should be further improved.This paper is mainly divided into four parts.The first part is to analyze the current situation of Internet unfair competition,mainly from the legislative background,the influence,and the typical analysis of “Internet Special Article”.Through the data analysis of rising Internet industry in recent years and the scale of Internet industry in order to extend in meaning that the importance of “Internet Special Article”.The second part mainly elaborates the nature of Internet unfair competition.From two aspects: the relationship of competition and the identification of unfair competition behavior,which basing on the interests of business ethics and balance case introduction,combining with the judgment of unfair competition in advanced field law,concluding that the relationship of competition should be understood in a broad sense and the longterm interests should be taken as the basis of judgment.The third part comment on this "Internet Special Article".First points out the possible dilemma caused by the current legislative situation from the overall point of view.Then analyses the application of the last clause of this article,and combines the past judicial experience to find the boundary of the judge's discretion.The fourth part explores the corresponding countermeasures to the above discussion,making assumptions about the promotion of law enforcement,legislation and consumer protection in the field of Internet unfair competition in China.
Keywords/Search Tags:Anti-unfair Competition Law, Internet competition, Competitive relationship, Business ethics
PDF Full Text Request
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