Research On The Application Of Punitive Damages For Unfair Competition In The Internet

Globalization has enabled the rapid development of science and technology,and it is also a booster of economic growth.The scientific and technological revolution has led to a leaping growth in the total economic volume and a subversive change in the way of economic competition.In the era of big data,the emergence and transformation of Internet technology,the continuous reconstruction of traditional business models,data and traffic have become the core of enterprise market competition,and emerging technologies have subverted the market to a certain extent while activating market competition and innovation vitality.The competitive landscape has brought a series of risks and challenges to the stable and healthy operation of the market economy in the new era.The traditional acts of unfair competition have extended to the Internet field,and new types of illegal acts on the Internet are constantly emerging.Constrained by the multilateral nature of the Internet,the legal interests infringed by unfair competition behaviors are complicated,and the legal interests of multiple parties such as operators and consumers may be touched simultaneously or individually.By sorting out the cases of unfair competition on the Internet in recent years,this paper finds that it has the characteristics of concealment,novelty,low illegal cost,and great damage.Therefore,this paper raises two questions: First,my country’s Internet unfair competition disputes The reasons for the frequent occurrence of cases,the existing problems.Second,whether the punitive damages system can be introduced into my country’s anti-unfair competition law to regulate disputes over unfair competition on the Internet.The main text of this paper is divided into the following three parts:The first part of this paper is the current situation of the regulation of online unfair competition in China,through the research and analysis of the current situation of unfair competition disputes in the Internet field,it is found that the online unfair competition behavior in China shows a continuous growth trend,the network unfair competition behavior has novelty,concealment,technicality,low cost of violation but caused by the huge adverse impact,there is insufficient liability for damages for online unfair competition behavior,and the legitimate rights and interests of operators and consumers have not been effectively protected.There are problems such as insufficient punitive damages in the legal regulation of online unfair competition.This leads to the thinking of the second part of this article: based on the current situation of regulating the behavior of unfair competition on the Internet in China in the first part of this article,there are insufficient legal liabilities,the amount of damages in civil liability compensation is generally low,and for plaintiffs who have suffered huge losses,there is insufficient compensation,and consumer rights and interests cannot be remedied.This part mainly analyzes the necessity and rationality of the application of the punitive damages system in the anti-unfair competition law from the perspective of theoretical and practical needs.This article believes that it is necessary to amend the current legal liability and appropriately introduce a punitive damages system.By combing through China’s current legal provisions on the punitive damages system,it can be found that the current scope of application of the punitive damages system in China includes the application of intellectual property infringement,product fraud,environmental pollution infringement and so on.However,for the serious infringement of the rights of business operators and consumers in the Internet field and interference with the normal competition order of the market,it cannot be covered in the punitive compensation system,on the one hand,it is difficult to realize the legal benefits protected by the "Anti-Law",on the other hand,the system function of punitive damages has not been fully utilized.The third part is institutional planning and construction,based on the institutional planning and imagination of the first three parts in the field of online unfair competition,such as insufficient protection of the rights and interests of operators and consumers.The conclusion of this paper is that there is an urgent need and call for the introduction of the punitive damages system into the Anti-Unfair Competition Law to solve the dilemma of online unfair competition remedy and preventive liability,both from a practical level and a theoretical level,and to protect partial and overall interests.