Research On Anti Unfair Competition Law Of Data Capture

With the advent of the trend of intelligent and data-based economy,the legislative regulation and judicial application of data capture behavior has also become one of the focuses of society.In order to achieve a fair and free market competition environment,this thesis studies and discusses the relevant content from the perspective of competition law in five aspects.First,the unfair competition cases and the problems reflected in the data capture behavior.Through the analysis and research of domestic typical cases of data capture behavior,this thesis illustrates the current legal application status of data capture behavior in my country,and puts forward the problems existing in the regulation of unfair competition in data capture behavior in the Internet.From the two aspects of the legitimacy determination standard of data grabbing behavior and the legislative and judicial issues of illegitimation,the current situation of the identification of data grabbing behavior in the Internet is drawn.Second,the basic theory related to data capture behavior is elaborated.Aiming at the concept and nature of data capture,this thesis generally describes the comparison of various levels of data capture.On this basis,it focuses on whether and what kind of infringement is constituted by the automatic collection behavior driven by a kind of preset logic similar to preset software logic.Thirdly,there are disputes over the standards for determining unfair competition in analyzing data capture.From the perspectives of business ethics,platform neutrality,and interest measurement,it illustrates the positive identification standards for unfair competition in data capture.No matter from the above three points,it is believed that the data scraping behavior is that the scraping party infringes the legitimate competition of the subject of the scraped party on the Internet.In addition,the reverse determination standard of unfair competition is explained from the perspectives of endangering fair competition and endangering free competition.Next,the legal nature of the data capture behavior causing certain damage results to the grabbed party,whether there is a clear standard for determining the damage consequences can be found,and then demonstrating the necessity of the regulation of the data capture behavior by the unfair competition law.Fourth,analyze the controversy existing in the regulation of unfair competition in data capture.First of all,from the "Anti-Unfair Competition Law",the general clauses and Internet-specific clauses that are closely related to this topic are expounded.Whether it is a general clause or an Internet-specific clause that has appeared in recent years,although the judgment data has been provided.However,there are also problems that there are no standards for violations,and the damage results are difficult to quantify.Furthermore,in judicial practice,disputes over the application of the law for data capture also appear,and there are still competitions between the Anti-Unfair Competition Law and the Anti-Monopoly Law in the determination of specific cases.Finally,it puts forward perfect suggestions for the regulation of unfair competition in data capture.On the one hand,the discussion starts from the standards of anti-unfair competition and illegality of data capture and the standard of damage results,and uses multi-modal judgment standards to judge the original data and derived data in data capture.On the other hand,from a broad legislative and judicial perspective,it proposes legislation and legal application suggestions to improve the regulation of data capture and unfair competition.