The Research On The Appication Of The General Provison Of Anti-Unfair Competition Law

The general provision of the Anti-Unfair Competition Law authorizes judges discretion and provides a legal basis for judging new types of misconduct.However,the understanding of the general term is not uniform,and the criteria for judging the legitimacy of behavior are not clear,resulting in the emergence of pragmatism in the application,that is,disregarding the legal rules in order to solve legal problems and abusing the general provision.When judges judge the legitimacy of competitive behavior,the essence is to choose the interests of different subjects,including competitors' interests,consumers' interests and public interests.The principle of proportionality provides a logical framework for the initial review of whether the purpose of the conduct is consistent with the nature of the competition and whether the means contributes to the achievement of the competitive objectives,and then gradually proceeds to the profit and loss incurred by the behavior to competitors,consumers and the public interest.These three types of interest then are ranked and determined which one shall be protected first to give an instruction on the legitimacy of the behavior.Since competition must be accompanied by damage,the damage itself does not constitute illegitimate,so the premise of the measure of interest is that the damage caused by the act is significant and the smallest under the same validity.Finally,through the perspective of the principle of proportionality,the outcome of the "ad-block case" is different from the previous judgment.This article considers that it is justified to set the advertisement filtering function in the browser to filter the advertisement in the video website.