A Study On The Rules Of Application Of The Law Of Unfair Competition On The Internet

In the era of Internet,there are surging winds and clouds,and the new Internet unfair competition behavior also appears.The new social reality determines that legislation and justice must respond to this in order to promote the standardization and development of the market and industry.In terms of legislation,the Anti Unfair Competition Law of 2018 formulated a special article "Internet",adding a seventh kind of unfair competition behavior on the basis of the past,effectively ensuring the healthy development of the industry,but it also has its own limitations,such as the limited scope of regulation,the need to limit the interpretation of its own articles.In addition,the general provisions are abstract and broad,flexible in application,and can well regulate the "difficult cases" that are lack of legal provisions in practice.Therefore,they were cited frequently before the emergence of "Internet special provisions".However,due to its abstractness,it is necessary to limit the application conditions to ensure the modesty of the anti unfair competition law.Therefore,there are many applicable articles in legal practice.This paper is based on the judicial practice,in the face of unfair competition cases under the Internet environment,first of all,in the first chapter,by summarizing the characteristics and classification,we get the definition of unfair competition on the Internet,and establish the object of discussion.Secondly,in the second and third chapter,from the perspective of form,under the condition of coexistence of multiple laws and regulations,we use judicial methods and legal methods to sort out and analyze the two dimensions of legislation and justice for the new type of network cases,put forward the concept and thinking of legal application of the cases,and explore the legal application of such cases in the new unfair judgment of Internet.Finally,from the substantive point of view,on the basis of the second step above,combined with the "competition view","damage view" and "legal interest view" embodied in the "Anti Unfair Competition Law",and according to the relativity of the competition relationship,we distinguish two different legal application modes-"behavior legal interest" mode and "behavior legitimacy" mode From the substantive point of view,this paper expounds that in the process of application of law,we should pay attention to the detailed and in-depth analysis of the multiple values covered by the purpose of anti law legislation,and on this basis,we can achieve the balance between various interests in specific cases,only in this way can we achieve the legislative purpose of "three interests" in the anti unfair competition law,and can promote new technology and new industry All round innovation and development.