The Research On The Identification Of Internet Uunfair Competition

In the face of the increasing frequency of unfair competition cases on the Internet,the legis lature has introduced a new artic le 12 of the Anti-Unfair Competition Law to establish special regulations for unfair competition in the Internet field,which regulates unfair competition regarding the Internet industry under the recognition model of “Overview + Enumeration + Pocket Bottom”.However,whether the legis lative determination model has universal applicability deserves further investigation,since the statutory pattern of improper behavior seems contextual or lacks substantive elements.At the same time,the judic iary has summarized and refined typ ical case judgments in the absence of special norms over the past years,and thus summed up two approaches of the interpretation of laws and of the creation of rules centered on the princ iple of good faith and business ethics,in order to determine the Internet unfair competition behavior by means of hermeneutics.Unfortunately,there were also problems of singular protection of interests and widespread moralization of judgment standards.Due to the continuous development and universal recognition of modern anti-unfair competition law on the concepts of effectiveness value,dynamic competition,and neutrality,as well as the affirmation of the ternary interests of the current anti-unfair competition law in China,when deciding the Internet unfair competition on the premise that the legislative facts have been established,it is suggested to adopt the method of judic iary application to optimize the legis lative system,adhere to the princip le of measuring multip le interests,focus on factors of technological progress and consumer preferences,and treat Internet competition rigorously.