Legal Regulation Of Unfair Competition In Data Crawling

With the rapid development of the Internet digital economy,the importance of data crawling,an efficient way to promote data flow and utilization,has become increasingly prominent in the era of big data,and unfair competition on the Internet has emerged with the development of the Internet industry.It has also accumulated a lot of experience in such disputes with judicial practice.At this stage,because the Anti-Unfair Competition Law and its judicial interpretations do not have specific provisions on the determination of data crawling behaviors,and judicial decisions lack uniform standards,the regulation of data capture behaviors needs to be improved urgently.First of all,this paper takes the typical case of “Fanyou APP crawls Weibo data”as a reference,and combines the typical cases in judicial practice in China to clarify the advantages of competition laws and regulations,and clarify the data crawling competition behavior from three aspects: subject,behavior and result.It also summarizes the legal regulation status of Articles II and XII of the Anti-Unfair Competition Law and judicial interpretations.Secondly,this paper reflects on the current situation of the regulation of unfair competition by data crawling,and points out that there are misunderstandings in judicial practice such as "intellectual property" and "general infringement" deviation,and analyzes competition law,judicial interpretation and the reasons for the difficulty in applying the regulations are discussed,and the defects of the judicial trial procedures are difficult to respond to the standards for the determination of new Internet competition behaviors.Finally,this paper optimizes the path from the three aspects of data capture behavior,competition law regulation and judicial trial procedure improvement,and clarifies the legitimacy boundary of data crawling behavior.The order of application of laws and standards of business ethics.From the perspective of the structural level of protection of interests and the application of the "interest measurement" method,the specific application level of the "Anti-Unfair Competition Law" in data capture competition cases is clarified.This paper discusses the evidence system and preservation system in the judicial trial procedure,and introduces the order system and pre-litigation temporary injunction mechanism,which is conducive to clarifying the path of competition law regulation of unfair data crawling,and effectively protecting the competitive interests and litigation of legitimate operators.rights and interests.