Research On The Regulation Of Anti Unfair Competition Law On Network Traffic Fraud

Under the background of the continuous development of information technology,network traffic has increasingly become an important factor to measure the popularity of goods and services.However,the excessive pursuit of network traffic by some operators leads to the emergence of traffic fraud,and even the formation of a black and gray industrial chain,which seriously disrupts the market competition order,affects the normal business environment of the platform,and damages the trading basis of honesty and credibility in the market.However,there are still some deficiencies in regulating network traffic fraud in China,so it is urgent and necessary to study this behavior.Through the observation of the phenomenon,this paper leads to the social background of the emergence of network traffic fraud,makes a basic analysis on the three dimensions of the specific causes,social harm and the nature of the behavior behind the phenomenon,and points out that the relevant network service contracts signed by illegal operators are invalid contracts due to violation of public order and good customs,and obtaining competitive advantage through traffic fraud is an act of unfair competition,which should be regulated by the anti-unfair competition law,However,under the current anti law framework,there are still differences in the application of "business ethics" clause,"false propaganda" clause and "Internet special clause".After analysis,comparison and evaluation,it is considered that the application of false propaganda clause is a more appropriate choice,but there are still a series of deficiencies in the specific provisions and actual identification of this clause.In addition,the anti-law needs to be further improved in terms of traffic fraud damage compensation and relevant supervision.In view of this,in view of the lack of anti-unfair competition law regulation on this issue,it is suggested to improve the specific provisions of the false propaganda clause in protecting the subject and object;Clarify the specific identification ideas of network traffic fraud cases in judicial practice;Improve the damage compensation mechanism involving traffic fraud,further elaborate the discretionary compensation factors on the basis of exploring reasonable loss calculation methods,and add a punitive compensation system;Build a national flow information sharing supervision network,strengthen the prior supervision of this phenomenon,and curb the breeding and spread of this kind of behavior.