Research On Anti-unfair Competition Law System For Data Grab Behavior

Today’s society is an era of big data.With the rapid development of society,data has gradually become a significant resource and make valuable contributions to all walks of life.On the one hand,users of data resources can enjoy more and more convenient data resources,and on the other hand,they have higher requirements for content form,speed and quality.Therefore,data capture technology,a means of collecting,sorting and analyzing data resources,was born.the Internet industry continues to accelerate the progress of commercial use of data,which makes the commercial value of data more obvious.Internet operators have joined the competition for data resources,resulting in the abnormality of the previous conventional neutral data capture technology,which has become an important tool for Internet operators to seize competitors’ data resources and participate in data competition.In this context of fierce data competition,contradictions and disputes caused by various data capture technologies can be seen everywhere,and the business order of the network industry has been impacted.Under the background that the market spontaneous regulation mechanism is difficult to solve the above problems,China should improve the law to regulate data capture behavior and stabilize the business order.This paper mainly analyzes the cases of unfair competition caused by data capture and is divided into five parts to discuss in detail:The first part is introduces the source of the topic,the theoretical research status.And the theoretical research status,the changing trend,research methods and innovations of data capture behavior at home and abroad.The second part is an overview of data capture behavior.Firstly,it expounds the attributes of data,and introduces the relevant knowledge of data in detail based on the connotation,characteristics and value of data;Then it analyzes the definition of data capture behavior and the characteristics of unfair competition in data capture.The third part is the legal regulation dilemma of data capture unfair competition.Through the analysis and Reflection on the two unfair competition cases of public comment v.Baidu company and Sina Weibo v.Fanyou app,this paper expounds the existing problems in the regulation of data capture unfair competition,including a series of problems in legislation,judicature and administrative law enforcement.In legislation,it is obvious that the application of anti unfair competition law to regulate the data capture behavior of Internet operators is limited.In judicial practice,there are some unreasonable problems in the protection of the interests of the plaintiff before litigation and the establishment of judgment rules,and the confusion of the administrative law enforcement subject.The fourth part is the experience of extraterritorial regulation of data capture unfair competition.This paper analyzes the regulation experience of the United States,Japan and Germany on data capture unfair competition,compares and analyzes the above three countries,and comprehensively considering the actual situation of China’s development,selects the model suitable for our country to more effectively solve the existing problems of data capture unfair competition.The fifth part is the suggestions to improve the regulation of Anti Unfair Competition Law of data capture behavior.Based on the existing problems in the regulation of unfair competition in data capture in China,this paper gives reasonable improvement suggestions on the legislation,judicature and administrative law enforcement of data capture.Put forward suggestions on legislative,judicial and administrative law enforcement of data capture behavior.Legislatively restrict the application of general terms,improve Internet specific terms,and enhance the operability of bottom-up terms;In judicial practice,we should construct the pre litigation injunction,introduce the judgment rules of interest measurement to deal with the unfair competition behavior of Internet operators’ data capture,and actively play the role of guiding cases;In addition,in terms of administrative law enforcement,clarify the subject of law enforcement.From the three aspects of perfecting legal norms,perfecting judicial protection and optimizing law enforcement supervision,we can effectively standardize and solve the problems of data capture regulated by the law.