Research On The Legal Regulation Of Unfair Competition On Internet Platform

With the development of social economy and the progress of digital economy,the Internet platform has become an indispensable part of people's life.The platform reconstructs people's social,consumption and production behaviors,and also brings opportunities and risks.In the early stage,the platform was considered as a "pure information channel",but because the platform itself has the functions of management,supervision and service for the transaction behavior,they can control the content to a certain extent and have independent behavior ability by means of displaying goods and services,setting up transaction rules,providing service evaluation,merchant credit rating,etc.The frequent occurrence of unfair competition among Internet platforms,whether the traditional unfair competition or the new unfair competition,has emerged in the Internet field from one to another,adding a bit of confusion to the Internet field where the original competition order has not been clearly established.At present,the general provisions of the anti unfair competition law and the special provisions of the Internet are applicable to the unfair competition among Internet platforms.There are certain deficiencies in the separate application of the two.The application of the general provisions needs to be clear about the concept and scope of the competition relationship,business ethics,illegal acts and so on,while the enumeration provisions and the supporting provisions of the special provisions of the Internet are not enough to meet the requirements At present,all the competition behaviors between Internet platforms,the convergence and application of the two are not smooth.We can regulate the unfair competition behaviors between Internet platforms by reconstructing the application framework of general terms,modifying the bottom line terms of Internet special terms and improving the relevant legal liabilities.This paper is divided into four parts.The first part mainly introduces the definition and characteristics of the Internet platform,points out the dual roles and internal ecology of the platform,reviews the current number of unfair competition and fierce competition,and summarizes some innovative principles of unfair competition in judicial practice.The second part is to summarize the special competition behaviors of the platform in the current market competition,and classify them into interception service,dual role and data competition behaviors.The third part is to analyze the application of the anti unfair competition law in the field of the Internet,including the analysis of the application of the general terms and the Internet specific articles.At present,the application of the general terms in the platform competition tends to be abusive,and there are also subjective differences in the judgment of the competition relationship and business ethics that need to be clarified,while the application of the Internet specific articles after its promulgation needs to be clarified It is quite limited to use,and it is only a repetition of the general terms,with narrow application space.The connection between the general terms and the Internet special terms is not smooth,which also makes the case easy to fall into the "critical case" difficult to judge.The fourth part is the response to the dilemma of applying anti unfair competition law to platform competition.First of all,starting from the identification of behavior illegality,the author thinks that it is more convenient to identify the legitimacy of competition behavior by optimizing the application framework of general terms and modifying the Internet special terms in the future.The legal liability of platform unfair competition also needs to be adjusted.It is necessary to determine the subject of administrative law enforcement and the illegal cost of such acts can be correspondingly increased,and the lack of civil liability should also be supplemented.In addition,there are advantages in choosing the action of unfair competition infringement under the concurrence of tort liability and breach of contract liability.