On Legal Regulation Of Unfair Competition In Network Economy

in this paper,we must get rid of the dilemma of legal regulation of untfair competition in the network economy.First of all,this paper introduces the background of the article:the status quo of the unfair competition in the network economy,the results of the study,and the practical significance of the study of unfair competition in the network economy.The main content of this paper includes several aspects:first,the concept of network economy,the characteristics of the network economy:fast,high permeability,self expansion,increasing marginal returns,etc..Second,types and forms of unfair competition behavior in the network economy:pooling behavior of network business logo,business logo is a business operator by spending a lot of time and cost,a kind of intangible assets to develop the economic cost.The value of commercial signs is that consumers can not compare can be directly in the consumer trust,long-term use has laid a reputation and popularity,but also the quality of their goods and service level;improper link,set up the chain who knowingly linked web sites and web pages or information in the presence of defects of right infringement obviously set up links or,in that,by notice linked web sites and web pages or information in the presence of defects of right case,still do not take broken links or remove measures,set up the chain and should bear joint tort liability tort website;improper network advertising,network advertising awards,many network acts of false propaganda the content of the website,copy or imitate others behavior,placing hyperlinks to advertisers,or send spam e-mail;network malicious software.Disturbing behavior,mainly reflected in the non essentia]software bundled installation;malicious network public relations behavior,mainly is the enterprise or individual in order to combat competitors or personal gain,with some of the network of public relations companies or network communnications,the use of network malicious fabricated spreading false facts,or through the topic of speculation or making a false public opinion,engaged in private transactions etc.way of profit wrongdoing.Third,to study the status quo of legal regulation of unfair competition in network economy.Fourth,puL forward the question,legislation:the legal regulation of the unfair compet i t ion behavior in the network economy dilemma,which can be divided into four points:public interest litigat i on in consumer litigaion subject status is not clear,do not want to happen but do not want to mention lawsuit without direct contact with the lawsuit,the present in our country can be used for reference of the case too little,not too much,the Consumers Association is not the direct victim,litigation process will produce a lot of problems;the rights and obligations of the network service provider is not clear,the network provider of rights and obligations is mainly because the"use agreement" this fact;the scope of unfair competition legal subject in the small,traditio onal sense speaking of unfair competition is the main operator of some specific cases;jurisdiction is not clear,relatively confused jurisdiction.Judicial aspect:the professional quality of judicial personnel is lack of adjustment,the case is difficult to obtain evidence.Fifth,to solve the problem,legislation:the public interest litigation system,first introduced the foreign public interest litigation experience,Germany’s "public litigation,environmental public litigation in the United States,India relief,then put forward the idea of perfecting the system of public interest litigation,to choose the appropriate subject will be included in the scope of the prosecution of public interest litigation to improve the enthusiasm of Consumers Association,filed a lawsuiit to participate in litigation,the litigation cost alocation problem with provisions;clear the rights and obligations of Internet service providers,the first right is the power to make the network service provider rules,second rights is the rule of executive power,third rights dispute adjudication,fourth right get special permission right and special authorization,fifth rights is a]ega]right to choose,and the duty of care,security obligations,knowledge The protection of intellectual property rights and obligations;expand the scope of the unfair competition of the network subject,introduces the provisions of acts of unfair competition,the scope of the subject,including the international intellectual property organization,Switzerland,France,Germany and other regions,and puts forward some suggestions for the problems related to domestic,through the behavior of the limit was restricted to expand the scope of the unfair competition of the network subject scope,and only the main implementation of the acts of unfair competition and have a direct impact on the market competition behavior is the proper legal jurisdiction;clear the specific cases,the provisions of the international network on specific cases under the jurisdiction of the new sovereignty theory,the substance is the requirement of network service users to follow their Internet service provider,relative jurisdiction on the contents of the main support of any country can own to the jurisdiction and control of the regional network contact The dispute,the IP address as the foundation,the IP address is relatively stable and easy to query,and the jurisdiction of the IP address is also associated with the reality of geography.The judicial aspect:strengthen the skills training of judicial staff,the use of new technology transfer network,the screening of evidence of the authenticity of evidence.There are econoomic interests exist where natural influx of capital group,fierce competition will produce some amount of infringement behavior,breaking the legal regulation of new unfair behavior predicament is conducive to maintaining the network economy hea]thy and stable order,so that the network economy has a healthy evelopment environment for the sound and rapid development.The.At the same time,it plays an important role in the fight aagainst crime and the reatecd crimes,which embodies the value of economic law and the principle of fairness and justice.