Regulation Path And Improvement Of Anti-unfair Competition Law On Traffic Hijacking

The impact of the Internet,invented in the 20 th century,on human beings has shown a growing trend.Since China has accessed the Internet,it has become one of the world’s Internet powers.The Internet’s swift evolution has been likened to a "double-edged sword",providing economic growth with a potent source of power,yet also bringing forth a plethora of legal issues.Traffic hijacking is one of the manifestations,Traffic hijacking is usually manifested as forced jump or insertion of links to induce users to visit the hijacker’s page.Typical methods include domain name hijacking,price comparison software,search engine,security software warning class and plug-in interception class.Through technical means,it can increase the access and click rate of websites,improve the value conversion of website traffic,and ultimately achieve the goal of improving their economic value.Deviating from the initial inclination of customers to visit,this conduct not only disregards their wishes,but also further infringes upon the legitimate rights and interests of other operators,having a deleterious effect on the market’s equilibrium and the community.With the emerging of new economy,new business forms and new models,the new unfair competition behaviors implemented by using data,algorithms,platform rules,etc.The state’s attention has been drawn to the recent judicial interpretation of the Anti-Unfair Competition Law and the Draft for Comments,which demonstrate the need to address numerous issues in the current trial of unfair competition cases.Regulatory practice can effectively resolve its unresolved issues by examining the social and public interests,thereby demonstrating the state’s dedication to fostering a fair market atmosphere for competition and safeguarding the legitimate rights and interests of operators and consumers.This thesis examines the judicial status of traffic hijacking cases,exploring the difficulties in recognizing them,synthesizing the theoretical circle’s academic perspectives and judicial practice’s regulatory path,and offering pertinent recommendations for improvement.The Anti-Unfair Competition Law’s first and second general provisions of the Internet Special Article are applicable to the regulation of traffic hijacking.The concept,current situation,and effect of traffic hijacking are outlined in the initial part of this article,which is split into four sections.Through a typological analysis of traffic hijacking from practice to legislation and judicature,we can gain a more comprehensive comprehension of the matter.The application of traffic hijacking is different.Discuss the relationship between the two provisions.In the second part,through sorting out the cases of unfair competition caused by traffic hijacking in the early and recent years from multiple perspectives,and summarizing the application of law,judgment results,key points of dispute and judgment ideas,the evaluation and reflection on the application of law and the actual effectiveness,found that the regulation of Internet traffic hijacking has problems such as poor application of law,lack of consensus in judgment,and insufficient deterrence,Specifically,Identifying the new traffic hijacking behavior remains a challenge,with the pre-litigation injunction application rate being low,obtaining evidence difficult,inadequate compensation for damages,and user interests not being safeguarded.third part mainly puts forward the way to judge the legitimacy of traffic hijacking behavior.How to effectively consider and identify the network traffic hijacking behavior in combination with specific facts and factors is an important issue in the regulation of network unfair competition.In combination with judicial practice,the author puts forward a judgment paradigm for the legitimacy of traffic hijacking behavior,namely "competitive interests-competitive relations-competitive damage-other considerations".Finally,there is an urgent need to supplement the legal interpretation of the "insert link" law,rigorously add the type of induced traffic hijacking,and modify the overlapping part of the perimeter clause,in order to build By utilizing the principle of proportionality to balance interests,we can form a stable judgment concept and enhance the utilization rate of pre-litigation injunctions in the area of unfair competition.Additionally,we should consider the typed regulations and typical case groups in the context of evidence.establish a technical identification system and standardize the collection of electronic data.We can not only utilize legal recompense,but also decide on the implementation of punitive recompense to enhance the lawful control of unfair rivalry,like traffic hijacking,in terms of damage compensation.