Research On Anti-unfair Competition Law Regulation Of Crawler’s Data Crawling Behavior

With the optimization and innovation of Internet big data technology,the industrial model of market players is also constantly upgraded,and the economic value of data increases sharply.With more and more companies endeavour to collect data to attract users for transactions,data has become a key means of production for the digital economy.When the traditional data acquisition method is difficult to meet the massive data demand of the Internet industry,the behavior of using crawler technology to capture data has been born.Crawler programs operation can easily damage the Internet industry,which needs regulation by legal means.Compared with intellectual property law and property law with the attributes of rights law,the application of anti-unfair competition law to solve disputes caused by data crawling is more in line with practice.At present,the legal regulation system in the Internet field is not yet perfect.In judicial practice,there are restrictions on regulating the unfair competition of crawlers,such as the limited scope of Internet terms application,the serious abuse of general terms,the imperfect liability system for damages,the weaknesses in supporting administrative supervision and flaws in industry self-discipline rules.Based on a description of crawler’s data capture behavior,the thesis analyzes the application problems existing in the process of regulating this behavior in China’s current anti-unfair competition law,and puts forward some suggestions.It is suggested to set up specific types of crawler crawling data and maintain the modesty of the general terms to improve damage compensation standards,strengthen administrative law enforcement and supervision capabilities,and enhance industry self-discipline,so as to clarify the regulatory methods of crawling data by anti-unfair competition law,and further improve the regulation system of anti-unfair competition law.The thesis consists of four chapters.The first chapter is an overview of the crawler’s data crawling behavior with a description of relevant concepts,theories and research object of this paper.The second chapter clarifies the advantages and feasibility of choosing the anti-unfair competition law by comparing the regulation mode of intellectual property law and that of the property law.The third chapter comes to the legislative status quo of the anti-unfair competition law regulatory path,and some existing problems are summarized.The final chapter attempts to put forward systematic improvement suggestions for the problems existing in the regulatory path of the anti-unfair competition law.