Research On Competition Law Regulation Of Network Interference Behavior

Development and prosperity of modern society,the Internet economy,Internet market flows the huge economic interests,network operators in order to compete for user traffic,implementing network interference behavior.Network interference behavior is a new type of network unfair competition behavior,which is different from the traditional industries.The network interference behavior has the characteristics of diversity of forms,concealment,no barriers to non-horizontal competition,complexity of interest measurement and difficulty in defining,so it is difficult to identify its competition legitimacy.Law of the People's Republic of China for Countering Unfair Competition promulgated and implemented in 1993 was unable to cope with the varied network interference behavior.In order to solve the judicial dilemma,article 12 was amended and added in 2017 to regulate network interference behavior(hereinafter referred to as the "internet special article").After the amendment of Law of the People's Republic of China for Countering Unfair Competition,on the whole,the regulation of network interference behavior mainly relies on the general provisions of article 2,article 12 "Internet special provisions" and the provisions concerning legal liability.The research on the regulation of the competition law on network interference behavior mainly focuses on the changes brought about by the "Internet regulation",adopt the legislative regulation mode of "general clause,provisal clause and pocket clause",which helps to prevent judges from abusing their discretion and avoid excessive application of the principle.Combined with judicial practice,it can be seen that there are also shortcomings of "Internet special article" in Law of the People's Republic of China for Countering Unfair Competition: general provisions are too macro,the lift-off clause is too macroscopic,the scope of prescribed behavior types is narrow,the expression of "malicious" is not clear,the provision of backstop lacks operability,and the legal liability stipulation is not perfect.In addition,In the field of competition law regulation,network interference behaviors also lacks the effective supplement to the legislation.Aiming at the above problems,this paper mainly discusses how to improve the "internet speacial article",and the legal liability provisions,from which aspects to effectively supplement the legislation.Tries to explore the way to perfect the regulation of the competition law of network interference behavior in China and puts forward some suggestions.In order to better play the role of the competition law to regulate network interference behavior,to build a good order of competition in the Internet market.