Research On The Application Of Internet Special Provisions Of The Anti-Unfair Competition Law

In recent years,with the rapid innovation of network technology,a large number of enterprises continue to emerge in China's Internet field,which has staged a series of business wars for interests in the tide of The Times.The development of the Internet economy already injected fresh blood to the market economy,to a certain extent,also derive some new ACTS of unfair competition,to our country socialist market economic order and the Internet environment fair and produced a variety of adverse effects and challenge to the traditional legal system,caused damage to the continuous development of market economy.Against this background,China's Anti-Unfair Competition Law was revised for the second time in November 2017,adding a new article 12 to respond to the legal challenges brought by unfair competition on the Internet.Article 12 is also known as the "Special Article on the Internet".The promulgation of the Internet special rules is full of practical and academic expectations,but since its implementation,it seems unsatisfactory,not as effective as expected in the regulation of unfair competition on the Internet,but in practice application.This paper is divided into four parts to discuss the problems existing in the judicial practice of Internet special articles in anti-unfair competition law.In the first part,the specific content of Internet special clauses is sorted out,and the mismatch between clauses and practice is discussed from two aspects of logical structure and content erection.Secondly,it explores the theoretical basis on which judicial organs usually try cases of online unfair competition before and after the promulgation of special Provisions on the Internet,which is mainly based on the two principles of "business ethics and honesty and credit" and "no interference if it is not necessary for public interests",paving the way for the discussion of judgment paradigm below.In the second part of this paper,all the official Internet unfair competition dispute cases published since the promulgations of the Internet Special provisions are collected and sorted out,and the sorted out typical case groups are taken as the research samples for the followup discussion of this paper.At the same time,according to the requirements of the business environment for legal regulation,the overall situation and development trend of such cases in the actual trial are sorted out and analyzed to find out the pain points and problems in the application of Internet special provisions in practice.The third part makes a comparative analysis of the typical cases mentioned above to clarify the root contradictions in the adjudication of Unfair competition cases on the Internet in judicial practice and dig into the main reasons,mainly including the absence of enumerated clauses,unclear judgment paradigm and the "instrumental" status of Internet clauses.The fourth part,based on the analysis of the causes,focusing on the problem of the foregoing summary,in the aspect of legal application,try to give clear competition law judgment paradigm,typed legislation perfect article,Internet special status improved Suggestions,such as Internet and innovation Suggestions article specifically enumerated type modification for destruction,attachment,piggybacking on such ACTS of unfair competition,We will improve the judicial application and legislative amendment of Article 12 of the Anti-Unfair Competition Law to better adapt to the development of the Internet economy with increasingly diversified competition.