Research On Legal Issues Of Unfair Competition Determination In Data Scraping

With the continuous development of internet economy and digital economy,the dispute of unfair competition on the network is becoming more and more fierce,and typically unfair competition through data capture is a problem.As a result of the lag of the law,China’s courts mainly determine whether the data capture behavior constitutes unfair competition based on the general provisions of The Anti-Unfair Competition Law of the People’s Republic of China.However,these general provisions are quite abstract so that the identification standards in judicial practice are inconsistent.Therefore,this paper,starting with representative cases of the identification of unfair competition in data capture,primarily analyzes the legislative and judicial situation before China’s Interpretation of Several Issues in the Anti-Unfair Competition Law（implemented on March 20,2022）,and summarizes three main problems in the identification process:vague positioning of competition relations,complex connotation of substantive damage,and difficult judgement of illegitimate act,then accordingly puts forward three suggestions: fixing the new positioning of competitive relationship,defining connotation and judgement standards about substantive injury,and clearing criterion for judgement about whether the act is legitimate or not.