| With the rapid improvement and development of China’s social and economic level,digital economy has gradually occupied an important position in Chinese economic development,and people’s daily life and affairs are increasingly inseparable from the Internet,.The rapid development of the Internet application field also accelerates the development and utilization of new Internet products.The emergence of data products is the product of the Internet market economy system.The upgrading of Internet products are often accompanied by huge commercial value.Competition is always along with profits.In order to quickly occupy the market and compete for interests,operators will break the boundary of legal regulation when implementing competition behavior.In the Internet field,the constant updating of market competition behavior has put forward higher requirements for the legislative level of the Anti-Unfair Competition Law.When the Anti-Unfair Competition Law was first revised in 2017,in order to respond to the unfair behavior of using Internet technology to compete in the market,a new article 12 "Internet Clause" was established.Three kinds of unfair competition behaviors in the Internet field are summarized in form of typing,but the speed of law revision is far behind the speed of the emergence of new competition means,and the current "Internet Clause " can not fully cover the relevant competition means of data products.In the market environment of data competition,the provisions on data right confirmation and other issues are relatively imperfect at the legal level.Therefore,in the case of data competition,there is a large space for judges to exercise their discretion.Parallel exploration of theory and practice is still needed for such issues.The guidance of the Anti-Unfair Competition Law on the legal regulation of the improper behavior of data products is not operable,and the judgment of the improper behavior is mainly based on the two aspects of honesty and credit and business ethics.Therefore,data products as a new type of Internet products,Internet companies for the product of competition types are emerging in an endless stream,"Anti-Unfair Competition Law" to protect the interests of its operators is still in a relatively general state.The only way to effectively regulate the competitive environment of data products is to improve the state of widely relying on the principle of honesty and credit and business ethics,to clarify the reasonable limits of the implementation of new competitive behaviors,and to clarify the constitutive elements of the illegitimacy of competitive behaviors of data products.In addition,improving the provisions of legal liability in the anti-unfair competition law to make it more deterrent is also an effective way to anti-unfair competition of data products.In this article,through the first part of the introduction of three typical cases,unfair competition cases controversial focus on data products are summarized and analyzed,namely the implementation of the new competition the reasonable limit,the data of the components of the product competition has no justification,the damage caused by unfair competition behaviour and determination of civil liability;The second part makes a legal analysis and sorting out of the three controversial points.Under the circumstance that the ownership of data is not clear,this paper tries to provide a new way of thinking to judge the unfairness of competition behavior from the perspective of economics,taking the relationship between externality and market failure as the entry point.The third part through the above analysis and conclusions and enlightenment,from the perspective of interests balance,for behaviour of unfair competition law problems puts forward Suggestions for the legislation level,and in the judicial level put forward,with the result of damage compensation,etc,to provide a new computing mode,in order to improve the data product anti unfair competition law problems put forward effective suggestions. |
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