Research On The Legal Regulation Of Network Operator’s Unfair Competition

The popularity of the network not only brings the convenience of communication and dissemination of information, but also provides operators with new business opportunities.The opening of network market, makes this network operators to develop rapidly and creates more economic benefits.Under the temptation of low transaction costs,more opportunities and great profits,inevitably,some network operators are operating by means of unfair competition,even the network technology has given rise to a series of special behavior of unfair competition.The impact of these behaviors is so harmful to the management order of network market that take some measures to regulate unfair competition is essential.This article aims to start with a new legal concept as “network operator”,the thesis tries to analyze unfair competition behavior of network operators,try to find out the current law in existent of the shortage and then put forward some suggestions.This thesis consists of four chapters.Chapter One defines this thesis’ s study subject—network operators,which is the eligibility of competition law regulation subject.This chapter determines a definition of network operators and analyzes its legal characteristics,depends on operating body of different network operators to classify network operators,clarifies the difference between the network operators and other related concepts.All statements of this chapter are laying a foundation for the discussion of network operator unfair competition behaviors.The first level of Chapter Two tells about the behavior of unfair competition in the network, which includes analyzing how to identified this kind of behavior,listing the types of network operator behavior of unfair competition and summarizing the network operators to the dangers of behavior of unfair competition. The second level tells about the necessity of legal regulation on the behavior of unfair competition in the network,including whether legal regulation is needed and what kind of legal regulation is needed.Chapter Three is based on the existing conditions of legal regulations about network unfair competition, reveals several aspects of imperfection, especially the insufficient of "AntiUnfair Competition Law" and how to make sure the identification of network operators is not provided. Besides,it is hard to distinguish the unfair competition actor’s responsibility.Based on the construction of legal supervision system,Chapter IV puts forward some detailed proposal of legal regulations measures to solve the above problems, to aim to amend and consolidate the existing legal system and make network market get a long-term stable development.