On The Legal Regulation Of Unfair Competition On The Internet

Under the background of the rapid development of Internet,the transformation of traditional economy into Internet economy has become a mainstream trend.The huge benefits brought by Internet economy have not appeared in the traditional economy.The Anti Unfair Competition Law of the People's Republic of China(hereinafter referred to as the Anti Unfair Competition Law)issued in 1993 has been unable to meet the current situation of the Internet market.Therefore,it is necessary to improve the current legislative system of the anti unfair competition law.Internet unfair competition is a kind of behavior that relies on Internet as a medium to disturb the existing normal market order and damage the rights and interests of other market subjects.First of all,the author classifies the Internet unfair competition behavior from the traditional and new perspectives,and introduces and analyzes the Internet unfair competition behavior respectively.On this basis,the author identifies the Internet unfair competition behavior from different levels such as subjective fault,competition relationship,unfair competition subject and unfair competition behavior.Secondly,according to the current situation of the development of the anti unfair competition law,this paper analyzes the shortcomings from three aspects: the lack of strict legal liability provisions,the need to improve judicial procedures,and the imperfect administrative law enforcement mechanism.Finally,on the basis of the above analysis,this paper puts forward some suggestions for further improving the legal system of the regulation of Internet unfair competition: making separate laws and regulations,promulgating relevant judicial interpretations and reasonably setting up liability clauses in legislation;strengthening the application of litigation injunction,setting up special Internet courts and standardizing electronic evidence collection methods in judicial procedures;and enforcing administrative law On the one hand,we should establish special administrative law enforcement agencies,special supervision systems,mass complaint channels and improve internet public opinion surveys.Creatively from three aspects of legislation,judicature and law enforcement to provide advice for the legal regulation of Internet unfair competition in China.