The Research On The Legal Regulation Of The Unfair Competition Behavior In Internet

With the rapid development of computer science and technology, the network is becoming an emerging and endless market environment, which doesn't have the national boundary. A market is bound to have the competition, the network environment is not exceptional, and this market competition degree is more intense than the real world. But while the network brings enormous convenience to people's production and life, the impact to the traditional market competition system is more serious. Because those unfair competition behavior can be applied in the network with easy methodology, less expenditure and more benefit, more and more people relinquish principle of honesty and reliance, conception of fair competition, pursue unfair competition behavior. The traditional unfair competition behavior which is carried out in the anti-unfair competition law, such as the false propaganda, the fabricated fact, the disparaged competitor and so on. At the same time, some network and technical characteristic behavior which is different with those in the real world appeared, such as the domain name, the page, the hyper-linking and the internet advertisement concerning the unfair competition and so on. Facing the challenge of the network technology, traditional law became decreasing efficient, the purpose of this dissertation is to search after the reason and the countermeasure of this problem.This dissertation consists of three chapters.Chapter one mainly tells about the behavior of unfair competition in the network. It analyzes the competition condition of the network from the technical nature and the legal essence of the network. It explores out the reason, nature and its setbacks in the unfair competition behavior emerging with the development of social development and technical progress, points out the importance of new economy which influences the future life of mankind broadly and deeply and provides the background of the dissertation.Chapter two probe into the application and perfecting of the anti-unfair competition act in the internet economy. Give some research on whether the internet society needs to be regulated by the law, then draws to a conclusion that the internet society is also in the urgent need of the regulation of law. The author argues that with the appearance of internet economy which is the change of economic basis must bring about the accordingly change of law as in the realm of the superstructure. Probes systematically into the application and perfecting of the anti-unfaircompetition act in the circumstance of internet economy, considering the need of the development of internet economy.Chapter three is the most important part of the dissertation. It expounds the unfair competition and the relative questions about the application and the enhancement of the anti-unfair competition act in detail. It includes the domain name, the page, the hyper-linking and the internet advertisement concerning the unfair competition.