Research On The Regulation Of Unfair Competition Behavior In Internet Field

The continuous progress of Internet technology has not only brought radical changes to people’s lives,but also promoted the rapid development of economy.The competition in the traditional market is becoming more and more intense,and the pressure on operators is increasing,leading to a gradual escalation of unfair competition.This is also the case in the network economy market.Unfair competition in Internet field is an extension of traditional market competition in the network field,which is more difficult to regulate than unfair competition in the traditional field.Due to the technical,virtual and open characteristics of Internet,it is not easy to detect unfair competition,and even if it is found,it is difficult to determine the nature of its behavior,such as network malicious interference,domain name grabbing,etc.In order to maintain the healthy development of China’s socialist market economy,it is necessary to strengthen the legal regulation of unfair competition on the network.However,the revised Anti-Unfair Competition Law has alleviated the dilemma of undependability to some extent,but the problems of incomplete interpretation and lack of supporting theories have not been solved.In addition,the standard system matching the Anti-Unfair Competition Law is not very perfect,which has a great impact on the effective regulation of unfair competition in the field of Internet.In view of this,the regulation of unfair competition behavior in Chinese Internet field was studied in this paper.Firstly,the research status of unfair competition in Internet field was analyzed,and the research content and methods of this paper were introduced.Based on an overview of the concept,types and characteristics of irrational competition behaviors in Internet field,and combined with the theoretical and practical experience of irrational competition behaviors in Internet field,the identification methods of irrational competition behaviors in Internet field were systematically summarized,which were summarized into four contents,namely,the subject of behavior,the object of behavior,the justification of competition behaviors and the judgment of competition relations.At the same time,expert investigation law was used to summarize the shortcomings of the regulation of unfair competition behavior in the Internet field from three aspects: legislation,judicial and law enforcement.In the legislative regulation level,there were insufficient Internet regulation,multiple legislation,and insufficient protection of consumer rights and interests.At the level of judicial regulation,there were difficulties in obtaining evidence and certification,imperfect pre-litigation behavior preservation mechanism,and unclear criteria for judging competition relations.In the level of law enforcement deficiencies,professional law enforcement quality could not meet the new requirements,the full responsibility of the law enforcement department was unclear.Secondly,in view of these deficiencies,comparative analysis method was used to compare the relevant legal system of our country with the United States,Japan and Germany.It was found that the United States made full use of the pre-lawsuit injunction system and given full play to the important role of the case system and professionals in the field of unfair competition in the Internet field.Japan strictly implemented the tort liability compensation system and established and improved professional institutions,while Germany made full use of principled clauses and attached importance to the protection of the rights and interests of consumers.Finally,the good experience and practices in the relevant legal systems of the United States,Japan and Germany were used for reference,and targeted improvement suggestions were put forward from the legislative,judicial and law enforcement levels.In terms of improving legislative regulation,the Internet clause could be revised,supporting laws and regulations improved,and consumer rights and interests protection strengthened.In the aspect of perfecting judicial regulation,the principle clause should be strictly applied,the adjudication procedure perfected and the criteria of competition behavior clarified.In terms of improving law enforcement regulations,professional law enforcement capabilities and levels could be improved,and the responsibilities of regulatory bodies scientifically allocated and multiple supervision constructed and improved.Based on the relevant legal system of the newly promulgated or revised Anti-Unfair Competition Law,this paper focuses on practical problems and conducts a systematic study on unfair competition behaviors in the Internet field,aiming at promoting the further development of the Anti-Unfair Competition Law,improving the relevant legal system,and providing relevant legal basis for judicial adjudication and law enforcement personnel and institutions.It can properly deal with the disputes caused by unfair competition behavior in real life in the Internet field,and provide a valuable reference.