The Laws Against Unfair Competition In The Field Of E-commerce Are Applicable

Our country's e-commerce is developing rapidly,and online shopping is becoming more and more common in daily life.In order to establish a better online economic order,how to regulate the problem of unfair competition on the Internet is particularly important.If it is not regulated,it will have a huge impact on the order of the online shopping market and will inevitably hurt the rapid development of the national economy as a whole.At present,the legal standard for the identification of unfair competition in e-commerce is blank,and the responsibilities of e-commerce platforms and e-commerce operators are relatively vague.The law is scientific and reasonable for China's online transaction credit evaluation system There are no uniform rules and requirements,and they are not authoritative.Article 2 of the General Provisions of the Anti-Unfair Competition Law stipulates that “Operators shall abide by the principles of voluntariness,equality,fairness,and integrity,and observe laws and business ethics in their production and operation activities.Articles6,7,8,9,and 11 of the Competition Law contain relevant provisions on unfair competition practices.On January 1,2019,China began to implement the Electronic Commerce Law.Articles 17,18,and 32 of the Electronic Commerce Law all provide for unfair competition.However,in the field of e-commerce,due to the fast speed of information dissemination,wide dissemination,virtuality and concealment,and the complexity of technical means,it is difficult to accurately incorporate it into a specific type listed by law.Therefore,it is particularly important to determine whether the competition is legitimate and whether it has caused damage to the normal competition order.Aiming at the legal problems of anti-unfair competition that are constantly emerging in the field of e-commerce,how to regulate the unfair competition behaviors and establish a fair and efficient competition order is a practical and worthy discussion topic.Incorporate the legal regulations of the unfair competition behavior of the e-commerce platform into an orderly track,solve the problem of unclear responsibilities of various entities in online transactions,allow the problems in online transactions to be effectively resolved,and purify the trading environment of online markets So that consumers' rights and interests are effectively protected.With the vigorous development of the e-commerce industry and the increasingly fierce market competition,there are more and more unfair competition behaviors in the e-commerce field.The application of the anti-unfair competition law,especially the judgment of whether competition acts are justified,is constantly facing new challenges.With the rise of the e-commerce market,due to the pursuit of interests and the disregard of consumers' rights and interests by consumers,there have also been many unfair competitions in this industry.Rating.These competition methods,such as false transactions and false evaluations,have caused serious misleading to consumers,infringed on the rights and interests of interbank operators,damaged the reputation of e-commerce platforms,and caused many disputes to the platforms.The first chapter is divided into three parts.It mainly explains the current situation of unfair competition in the field of e-commerce.The first part summarizes the problems in the legal regulation of unfair competition in the field of e-commerce.The second part is to explain the characteristics of unfair competition.It is difficult to identify the technical means of unfair competition,the compound nature of tort and the damage caused by tort.The third part mainly explains the behavior types of unfair competition,which are divided into four categories: transaction fraud,defamation of goodwill between operators,false Internet publicity and malicious free riding.The second chapter is from the judicial analysis of unfair competition in the field of e-commerce,mainly to explore the identification of unfair competition in e-commerce,the difficulties of unfair competition in the field of e-commerce and the reasons for the identification of unfair competition.The third chapter is the core of this paper,which is divided into two parts.The first part mainly discusses the identification standards of unfair competition in the field of e-commerce,mainly from three aspects: one is that in the legal principle,unfair competition violates the recognized business ethics and the obligation of good faith;the other is to uphold the principle of technology neutrality;the last is to use big data to determine the competition behavior in the technical means And whether there is a causal relationship between the damage results,using technology to help identify legal facts,using data to determine its relevance.The second part is mainly to analyze the factors of unfair competition.The last chapter is to analyze the cooperation and coordination between e-commerce law and anti unfair competition law.Mainly from "e-commerce law" and "Anti Unfair Competition Law" mutual coordination and "e-commerce law" and "Anti Unfair Competition Law" mutual coordination of the specific path to explain these two parts.The first part considers that the common legislative purpose of the e-commerce law and the anti unfair competition law is to protect the interests of consumers in a coordinated way.They are complementary in function and in adjustment scope.All of these show the coordination function of e-commerce law and anti unfair competition law.The second part is to explain the specific path of mutual cooperation between e-commerce law and anti unfair competition law.In terms of relationship,it's parallel and complementary relationship.In terms of purpose,it's all to maintain fair competition and fight against unfair competition in the market.In terms of the consideration when judging whether a new type of competition behavior is unfair competition behavior,it's necessary to consider the profit measurement of the legitimacy of competition behavior.