The Private Remedy Behavior Of Internet Unfair Competition

Competition is the inherent essence of market economy and an inexhaustible motive force for social development.In recent years,with the rapid development of internet technology,the internet industry economy continues to flourish.In order to compete for user resources and market share,the internet enterprises unfair competition more and more intense.In practice,internet companies tend to use private remedy to protect their legitimate rights and interests,the private remedy has certain rationality and necessity to regulate the unfair competition in the internet field.However,unrestricted private remedy may cause secondary damage to social and public interests.Therefore,it is of great significance to restrict the private remedy of unfair competition in the internet field.This article to "Tencent v.Qihoo 360 unfair competition case" as an example,attempts to discuss the issue of private remedy for unfair competition in the internet field.This article is about 30000 words,is divided into four parts.“Part one: the significance of private remedy in unfair competition in the internet field”.This section begins with a brief introduction to the “Tencent v.Qihoo 360 unfair competition case”,details of the development process of the incident and the verdict of the case.On the basis of this,puts forward the dilemma of private remedy in the field of internet unfair competition.Raise the question from three angles: the necessity of private remedy,how to define the legitimacy of private remedy,how to improve the legal regulation of private remedy.“The second part: the realistic demand of the private remedy in the field of internet unfair competition”.This section mainly discusses from three aspects.First,the special characteristics of unfair competition in the internet field.By summing up the case of unfair competition in the internet today,this article analyzes the common features from five aspects: attention competition,technology,concealment,transmission speed and legal cost;Second,the defect of the public remedy of unfair competition behavior in the field of internet.In the face of unfair competition in the internet field,the traditional public remedy has exposed the problems of imperfect supervision system,unreasonable law enforcement and lagging legislation.Third,the practical needs of the private remedy in the field of unfair competition.This paper expounds the realistic necessity of the private remedy from three angles of low cost,high effectiveness and high efficiency.“The third part: the particularity of private remedy in the field of internet unfair competition”.Based on the analysis of several cases of unfair competition in China,this section sums up the three characteristics of private remedy in the internet field.First,the technical means of relief.Demonstrate the importance of technology to private remedy from the two aspects of the necessity of technical measures and the rationality of technical neutrality;Second,the indirect nature of the subject.Take the Tencent “Incompatible product" behavior as an example,this article discusses the important market value of the network users and analyze the phenomenon of the enterprise's private remedy;Third,the multivariate of private remedy.This article puts forward several kinds of remedies,such as product incompatibility,warning letter,encryption and so on,to discuss its multiple characteristics.“The fourth part: the legal limits of private remedy in the field of internet unfair competition”.First of all,this section defines the standard of private remedy from three aspects: can not cause the emergence of new crimes,should be consistent with the bottom line principle and not excessive damage to social and public interests.Secondly,the part puts forward some countermeasures and suggestions on the regulation of private remedy in the field of internet unfair competition.By referring to the relevant provisions of foreign legislation.This section suggests that we should be regulated from three aspects: including improve the "Law of the People's Republic of China for Countering Unfair Competition",improve the ability of government regulation and strengthen industry self-regulation.