On The Legal Regulation Of The New Type Of Internet Unfair Competition

Nowadays,while the internet has brought great convenience to people's life,people also have a strong dependence on the internet.Users and their data has became the key factors for internet operators to make profits.Some internet operators using new technology to implement unfair competition,obtained illegally or using other business operators resources,makes its difficult for other operators to carry out normal business activities.To make these series of unfair competition different from traditional business model,profession is called New Types of Internet Unfair Competition.When China enacted The Anti-Unfair Competition Law in 1993,Internet technology was still in its infancy.Legislators could not anticipate the development situation of today's internet market and did not regulate the new type of unfair competition on the internet.Article 12 of The Anti-Unfair Competition Law,which officially applies on 1st of January,2018,takes the form of ‘enumerative +bottomless',listing three specific new internet unfair competition behaviors and the fourth Save Clause.The three behaviors listed by the legislator are the experience summary of the Pre-establishment judicial practice.However,internet technology and business model are developing rapidly,and the statute law itself has the disadvantages of rigidity and hysteresis,which unable to catch up with the changing market.To solve above problems,my dissertation starts with Article 12 of The Anti-Unfair Competition Law,Through the analysis of this article of law,analysis the realistic meanings of using ‘enumerative + bottomless',explore the causes of such problems,and in current situation where the existing legislation is not clearly applicable,how should the judicial judgment determine the application of the new law and determine the applicable standards.Therefore,this paper will divided into five chapters.The first chapter of the introduction is divided into: background of the topic;the significance of the topic;the research status;the research method and the innovation points.Starting from the reason why this topic is selected for research,this chapter makes a certain elaboration on the regulation status of the new Internet unfair competition behavior in China,which lays a good foundation for the research of the body part.The second chapter gives an overview of the new type of internet unfaircompetition.Through the introduction of the definition of the new type of internet unfair competition and the new type of competition behavior mode,it leads to the analysis of the Internet article legislative mode.This paper affirms the legislative technology of adopting behavior regulation mode of Internet exclusive clause,and considers that it conforms to the overall system design of unfair competition law,and introduces judicial judgment to demonstrate the rationality of the existence of Internet exclusive clause.The third chapter mainly contents the current situation of domestic and foreign regulation of new Internet unfair competition.Through the integration of German and American experience,Understanding the status quo of legal regulation on internet unfair competition in developed countries,and connect with the current situation of‘Internet specialty' in our country,so as to clarify its objective problems.The fourth chapter,the author aimed at the problems existing in the third chapter proposed the new law article 12 carries on the reason analysis,mainly proposes the existing problem of enumerative provisions have self-intersection,The intersection of three new Internet unfair competition behaviors and the traditional unfair competition behaviors under the network environment,and miscellaneous provisions that actually operates hard.Chapter five puts forward a series of operable solutions to the,existing intersection of enumerative provisions of Internet Specialization,Lack of precise direction for miscellaneous provisions and protection of consumer rights and interests in competition law.