Research On The Identification Of Unfair Competition In Network Interference

In recent years,with the rapid development of the Internet economy,new types of network unfair competition cases emerge in endlessly,especially the cases of unfair competition disputes mainly based on network interference.Network interference has the characteristics of complexity,concealment and high technology.A little carelessness in identifying it will destroy the existing competition order and hinder the innovation and development of Internet enterprises.Therefore,it is particularly important to identify whether it constitutes unfair competition.In judicial practice,the determination of unfair competition in network interference mainly relies on general clauses and the principle of non-public interest necessary non-interference.General clauses make up for the loopholes of legislative technology in our country,but there are abuses in practice;the principle of non-public interest necessary non-interference is created by judges in the process of judging specific cases,lacking legislative basis,and the connotation of public interest is not clearly defined,which makes this method appear to be difficult to identify network interference.Therefore,on November 4,2017,the Standing Committee of the National People’s Congress voted to adopt the new Anti-Unfair Competition Law.The newly revised Anti-Unfair Competition Law adds Article 12,which provides specific types of network interference through summarizing and refining typical cases of network interference and unfair competition encountered in judicial practice,in order to cope with the rapid development of Internet technology,which is known as "Internet Special Article".The provisions of this clause provide a basis for judging unfair competition caused by network interference which can not be identified in judicial practice,and are of great significance for maintaining the stable order of the Internet.However,there are many problems in the "Internet" articles,including the narrow scope of interference,the inaccurate guidance provided by the clause,and the imprecise wording of the clause.Based on this,through the analysis of specific cases,the author points out the problems existing in the identification of network interference in judicial practice,and puts forward some suggestions in judicial application in the light of Article 12 of the new Anti-Unfair Competition Law,with a view to providing experience for the identification of network interference in judicial practice.