Legal Regulation Of Unfair Competition In The Network Environment

In recent years, the Internet has the more and more rapid development, the advent of the Internet has not only changed the way of my think, and obviously the Internet has become an indispensable tool of application in we work and live, and a new market appear in our Perspective with the network development. Network market appears essential will bring unfair competition, From 2005 to Everest v. Baidu case of unfair competition, to 2009 Sogou v. Tencent unfair competition case, and then "3Q" war shocked the nation, Network unfair competition intensified resulting in a serious threat to the healthy and orderly development of the market economic. As the network is a new, special economic market, the network acts of unfair competition appears the features different from the traditional international markets such as technical inevitable, hidden, and fair competition, consumer protection and network security theory also requires set up a good network of market economy.Traditional acts of unfair competition not only appeared business slander, violation of trade secrets, and other acts of false propaganda appears in the network market, but makes a series of different from the traditional market of new forms and behavior with the development of the network economy, The domain names unfair competition, software unfair competition and other new means of competition resulting in new difficulty in regulate unfair competition. China’s "Anti-Unfair Competition Law" for given the traditional clear provision in regulation of unfair competition, but our country do not have specific law to regulate for these new acts of unfair competition, there are still large gaps in the law. Therefore, We need to continue to strengthen the legislative building by learn from advanced experience of foreign countries.United States, Germany and other countries is the network economy developed countries and regions, They have a relatively sound legal system and industry system in regulation the network environment of unfair competition, German clearly states the "general clause " in regulatory competition unfair, and accumulated a wealth of experience with Process to resolve dispute; the United States is a case law based country, the legislation case law and statutes in parallel, he also established a ban system and economic system of penalties, the United States is a network developed countries, and its self-regulation in the industry has also formed a sound management and regulation system. United States, Germany bring a lot of inspiration for our in the network environment of unfair competition regulation have advanced experience and technology sound regulatory network of unfair competition legal system provides an important reference.Acts of unfair competition in our current regulatory network environment, there are still many problems: in legislation, the legal system is not perfect, the content of the law is not comprehensive, inadequate legal liability; on law enforcement, law enforcement agencies set unreasonable regulatory the existence of disorder; on the administration of justice, judicial cumbersome procedures, evidence collection finds difficult; on industry self-regulation, the slow development of industry organizations, unable to play its due role.Based on the current situation of the network environment of unfair competition law regulations to conduct a comprehensive analysis, combined with China’s recent anti-unfair competition struggles valuable experience and practical achievements of the network acquired environmental regulation, legislation, law enforcement, justice, industry itself and several aspects of proposed countermeasures, in the legislation, our country should develop anti-unfair competition in general terms, the increase include provisions to increase the legal liability, but also establish a separate "anti-unfair competition law" constantly improve our legal system; on law enforcement, China should establish a specialized law enforcement agencies, to improve the professional quality of law enforcement personnel, can also take advantage of network technology development network monitoring software and establish a network database, regular network operators to carry out supervision and inspection; on justice, evidence should improve our adoption system and establish preliminary injunction system and anti-unfair competition provisions of public interest litigation, in order to better protect the interests of consumers. On industry self-regulation, industry self-regulatory organizations should develop Web services industry standards, industry organizations play an important role in addressing unfair competition in maintaining market stability.