On Anti-unfair Competition Regulations Of False Network Traffic On E-commerce Platforms

In recent years,fake network traffic has gradually flooded all areas of e-commerce,but China's legal regulations that can effectively regulate this are lacking,and there are relatively few studies in the academic and practical cases.As traffic fraud has become common practice,some e-commerce operators are faced with a dilemma of survival.In response to this concern,the“Internet Special Regulations”of the Anti-Unfair Competition Law came into being,and the false publicity clauses have been revised accordingly.Articles 17 and 85 of the Business Law also responded specifically.However,these local regulations cannot be said to be perfect to effectively contain false network traffic.This article starts with the concept of false network traffic and analyzes its four distinctive characteristics,namely technicality,falseness,misleadingness and dependence.Comprehensively introduced the specific manifestations of the fake network traffic of the e-commerce platform,including "positive brushing speculation","reverse brushing speculation" and "fraudulent clicks" in mobile short videos,live broadcast promotion and search auction rankings "Wait.After clarifying the external performance of the fake network traffic,the reasons for its occurrence were analyzed in a timely manner,mainly including:fierce competition environment,the drive of illegal and private interests,and the lack of relevant regulatory systems.By explaining the actual harm of fake network traffic,the effect of bad money driving out good money,and the economic governance that hinders cyberspace,etc.,the practical necessity of its regulation is explained.At the same time,it also analyzes the significance of constructing network information rights and purifying the network competitive environment without losing the opportunity to fully explain the theoretical necessity of its regulation.Analysis of the status quo of anti-unfair competition laws and regulations on the fake network traffic of China's e-commerce platform.First of all,it is pointed out that the second paragraph of Article 12 of the Law is only indicative.Because the constituent elements of this paragraph are incomplete,and the first three paragraphs of the second paragraph are toospecific,it is impossible to effectively regulate false in judicial practice.Network traffic;Secondly,it analyzes the shortcomings of Article 8 "Fake Propaganda" clauses,mainly including: first,the content of "commercial propaganda" is too narrow;second,the interests of the subjects misled by the fake network traffic cannot be effectively Protection;third,it is difficult to classify certain types of fake network traffic on e-commerce platforms as "false propaganda".Finally,it analyzes the current problems in regulating the fake network traffic of e-commerce platforms: the lack of legal guarantees for consumers 'legal rights,the defects in the legal accountability mechanism,and the difficulties in applying laws to judicial practice.To address the above deficiencies,the following aspects can be improved: first,clarify the legal nature of false network traffic,Determine the legal positioning of network traffic as a property interest.Second,improve the relevant provisions of the Anti-Unfair Competition Law.First of all,optimize the "Internet Special Article" and type the behavior of making fake network traffic on the e-commerce platform;secondly,revise the "Judicial Interpretation of Anti-Unfair Competition";again,reform the Internet Special Article "understanding clause" and improve its Litigation;finally,clarify the applicable standard of the “general provisions”in Article 2;third,draw on the mature experience of foreign group litigation,introduce a group litigation system,give the e-commerce platform related “groups” the right to sue,and protect their rights Exercise;Fourth,expand the punitive compensation system.First,add damage compensation clauses.Second,clarify the criteria for determining punitive damages.Finally,analyze and create compensation amounts and distribution standards.