Unfair Competition Law Research In Network Economy

The network has become an important tool in people’s dailytransmission of information. The modern electronic technology brings usdifferent kinds of enjoyment. Through the network we can transmit anyinformation in any place freely and quickly. This can create betterbusiness opportunities for operators in the economic market. Theemergence of network greatly reduces the transaction cost, speeds up thecomplement of the transactions, increases trade opportunities, createsmore economic interests. But, the network is also a "double-edged sword".The network economy has all kinds of inevitable negative effects in manytransactions, especially the appearance of the new ACTS of unfaircompetition in the network. These actions are outside the scope ofregulation under the current law. They are difficult to be effectivelyadjusted. So, the current anti-unfair competition law is necessary.This paper analyzes the influence of the competition in the positiveand negative aspects of the network economy development, defines theunfair competition actions in the network and their forms. Analyzing andlearning unfair competition actions in the network of abroad developedcountries and international organizations, we put forward the anti-unfaircompetition law in the network to deal with the defect of the unfaircompetition actions, and put forward increasing general terms in theanti-unfair competition law, broadening the subjects of the anti-unfair competition law in the network economy and the applicable scope,providing the obligations of Internet service providers and the situationsof tort liabilities, clearing specific jurisdiction of the unfair competitioncases in the network economy, strengthening the collection system of thenetwork electronic evidence, improving other systems of anti-unfaircompetition in the network economy. We hope to play a positive role inthe network unfair competition.This paper has five parts. The first part expounds the backgroundand meaning, and detailed instructions the essay which referenced in thispaper, so, all of this provide a solid theoretical basis.The second part is the network economy and the basic problems ofunfair competition. It defines the basic connotation of the unfaircompetition in the network economy. This paper analyzes the connotationof the network economy and unfair competition and the positive andnegative effects of the network economy to unfair competition.The third part studies the foreign anti-unfair competition in thenetwork economy. Through analyzing the anti-unfair competition in thenetwork economy in the European and American countries, Asiancountries as well as international organizations, our country can berevealed to enact the anti-unfair competition law. The forth part is about the existing problems when the anti-unfaircompetition law applies to the network anti-unfair competition. This partputs forward some common problems when the anti-unfair competitionlaw is applicable to the network acts of unfair competition from thedirections of legislation and justice and administrative supervision,namely the deficiencies of "the general clause" in the anti-unfaircompetition law, the narrow subjects and applicable scope of theanti-unfair competition law in the network economy, the poorcertification of the tort liabilities of the network service providers, theunknown specific jurisdiction of the network ACTS of the unfaircompetition cases, the weak collection of the network electronic evidenceand so on, and analyzes the reasons of these problems.The fifth part is the perfection of the unfair competition laws andregulations in the network economy. This part provides some measures tosolve the problems of the ford part and tries to play a role in the judicialpractice.