Jurisprudential Study On Legal Regulations About Internet Unfair Competition

Until now, the Internet as the representative of the modern IT industry has a lot tore-shuffle. Rely on the Internet, the traditional economy of our country is turningto networkeconomy, network economy brings great benefit is that in the traditionaleconomy have never seen. First, any information can be passed back and forth in thenetwork, there is no time limit, no geographical restrictions, no racial restrictions, noposition limit. The huge amount of information exchange will bring us moreopportunities to trade. Insaving time and space at the same time, but also greatly reducesthe cost of operation,naturally create more economic benefit.However, everything is half better and half worse, so it is the Internet. Althoughthenetwork economy is growing very fast, and its growth rate did not decline, but thisdoes not mean that the network economy brings the positive effect, it brought theboombecause of its large base, in other words, the huge trading volume. Incontrast, network of unfair economic dispute cases has the more numbers thanthe traditional economic disputes. To appear in more and better transactions at thesame time, must face the negative influence. Unfair competition in the network is themost obvious example, haslow cost, part of the network of dealer of temptation inthe network environment of new-type illegitimate competition behavior high yield, theuse of network characteristics to make marketing means diversity, but these unfaircompetition means of marketingbased on not only destroys the fair competition order ofthe network market, it also brings negative effects some of the whole marketeconomy. Due to the network’s rapiddevelopment in our country is not a very longtime, in1993introduced the "Anti Unfair Competition Law" for the network market hasa certain lag, and unfair competition actsas the new characteristic which is differentfrom the traditional unfair competition, to some extent they do not belong to the " AntiUnfair Competition Law " the scope of regulation, and unfair competitionbehavior part under the background of the network in the legal regulation is still unableto obtain timely, targeted treatment. Therefore, to supplement and improve thecurrent "Anti Unfair Competition Law" and the establishment of a new network systemof legislation is very necessary.This article from the positive and negative aspects of economic analysis of the impact on competition arising from the network, and according to the network in theform of unfair competition already exists, summarizes the characteristics of the networkacts of unfair competition. Then according to the "Anti-Unfair Competition Law" listedon the traditional acts of unfair competition, unfair competition on the network toclassify. Finally, analysis of the network in response to acts of unfair competition lawsand regulations related to the existence of loopholes, but made a number of relatedcorrective measures, such as improving the legal liability "Anti-Unfair CompetitionLaw", the establishment of Anti-Unfair linkage mechanism of competition lawenforcement, improve the "anti-Unfair competition Law," the related laws andregulations and other measures, and proposed the idea of anti-unfair Competitionseparate legislation and several aspects need to pay attention in the legislative process,and hope to be in our country anti-unfair Competition plays a positive role inpromoting.