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Research On The Application Of General Clause In Unfair Competition Cases In Internet Market

Posted on:2022-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:W Y ZhouFull Text:PDF
GTID:2506306485470734Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years,various forms of unfair competition in the field of Internet market emerge in endlessly,which not only seriously threatens,but even destroys the fair competition order in the field of Internet market.Before the promulgation of the new anti unfair competition law,because there is no specific provisions to regulate such acts,the court has to invoke the general clause.Although the general clause has made a great contribution to the effective solution of related cases,a large number of invoking the clause to regulate such unfair competition behavior is likely to lead to the improper expansion of the application of the clause,or even abuse,which leads to the worry of "escaping from the general clause" in judicial practice.The new "Anti Unfair Competition Law" has set up a "Internet clause" in order to reduce the number of general clauses cited.However,when the new law is still in the stage of revision,the discussion of this article has never stopped.Even if the "Internet clause" is successfully implemented,there are still some problems in its application: the scope of the first three regulations in paragraph 2 is too narrow,and the court is likely to turn to the bottom clause of this article for help in the face of new situations,and the scope of the bottom clause is too broad,With the development of the market,more novel and different forms of unfair competition will still appear in the future,and the general clause still have its value and application space.If the "Internet clause" can not be effectively regulated in the face of new problems,the court will still rely on the power of the general clause,but the abstract nature of the general clause itself leads to different ideas in the application of the court: the application of the general clause centered on the protection of rights and interests,and the defects in the existing way of determining business ethics,and the status of consumers’ interests is excessively elevated.In order to prevent the improper application of the general clause from producing too many negative effects,which will exceed its positive effects,it is necessary to implement the limited intervention,adhere to the concept of dynamic competition,apply it with an open and moderate attitude,clarify its positioning,straighten out the relationship with the "Internet clause" in terms of application,and abide by the corresponding conditions in application,And in dealing with cases,we need to improve the identification of business ethics,and use the method of interest measurement to measure multiple interests,and constantly optimize and improve the application of general clause,so as to realize the legislative purpose of the law.
Keywords/Search Tags:Unfair Competition, General Clause, Internet Clause, Balancing of Interes
PDF Full Text Request
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