Research On The Legal Application Of "Internet Articles"in "Anti Unfair Competition Law"

Nowadays,new technologies and new business models in the Internet field are springing up like mushrooms after a spring spring,which makes the competitive behavior in this field have many new characteristics.However,the Anti-Unfair Competition Law implemented in 1993 has no intention to deal with this,and can only use its "general provisions" to deal with it.Industry development goes hand in hand with legal innovation.According to the new characteristics of the current unfair competition on the Internet,the newly revised Anti-Unfair Competition Law specifically adds an "Internet special article" to regulate the new unfair competition in the Internet field,so as to better regulate the new unfair competition in the Internet field.The "Internet Special Article" is a summary of the experience of judicial trial and industry governance,which makes the court get rid of the dependence on "general provisions" and guide the value of judicial judgment.Therefore,it is necessary.However,since the introduction of the "Internet Special Article",its deficiencies have been controversial.How to accurately understand and correctly use the article,and how to use the existing trial experience to improve the legislation of the article,has become a topic of common concern in the field of practice and theory.In this regard,this paper extracts and sorts out the judicial cases related to the new type of unfair competition on the Internet in recent years,and summarizes the thinking of the identification of the legitimacy of the new type of unfair competition on the Internet in judicial practice.Based on this,it analyzes the shortcomings of the "Internet Special Article".Therefore,from the perspective of law application and legislation improvement,this paper puts forward suggestions on how to accurately apply the law and how to improve the legislation of the article in the later stage.