A Study On The Application Of Commercial Moral Standards In The Determination Of Unfair Competition In The Internet

In recent years,the emerging of the new field of internet unfair competition,the Anti-Unfair Competition Law is faced up with great challenges.When judging the legitimacy of these acts,if there is no other legal basis,business ethics can be applied.It can make up for the limitation of non-extension and hysteresis of statutory types.As the business ethics is abstract and fuzzy itself,if applied to the field of the Internet,it will bring a lot of thorny problems.Therefore,with the analysis of current situation and difficulties of the application of the business ethics based on the new features of the Internet,the aim of this paper is to put forward some suggestions on how to apply the business ethics in the competition of the Internet,and make the recognition framework of new unfair competition in the Internet more comprehensive,so that anti-unfair competition law can play an important role in regulating the order of the Internet and providing guidance.This thesis consists of four parts accordingly.The first part is about the overview of business ethics,this thesis explains the connotation of business ethics and concludes that: business ethics is different from daily life morality,and it is a kind of economic ethical standard;Secondly,the article explains that business ethics standard is not only moral standard,but also legal norm,thirdly,The article analyzes the characteristics of Internet competition and the characteristics of the behavior of Internet unfair competition,and summarizes the necessity of applying the business ethics standard in the cognizance of Internet unfair competition.The second part mainly introduces the application of business ethics.First of all,according to statistics from the two groups of cases,the first set of data shows that the new acts of unfair competition and traditional unfair competition in the determination of the application of business ethics are very common,but it rarely analyses them rationally.Second.From the second set of data,it shows that the path applicable to commercial ethics is specific to the rule of adjudication,which is also a core issue for the ethical standards of business ethics.In addition,based on the path to commercial ethics standards,there are two ways to examine business ethics from the Internet industry practices and competition rules.The third part mainly analyzes the weakness of the application of business ethics.Escaping to the general clause is so common.And the application of the business ethics in the judgment is not sufficient.While the problem leads application of Industry Rules criticized,especially the rule of "do not interfere if isn't essential to the public interest",because the connotation of the public interest is fuzzy,and this rule is different from relevant laws.In the fourth part,the corresponding countermeasures are put forward according to the application dilemma of the last part.First of all,the scope of application of business ethics should be clarified.Secondly,it is judge's obligation to give satisfying reasons in judge.Thirdly,it defines the conditions that the industry practice as the specific rules of business ethics needs to meet.At last,it explains the issues that the judges should pay attention to when refining the rules of competition,in addition,clear the connotations of the public interest in the rule "do not interfere if isn't essential to the public interest",and emphasize “malicious” is the premise of citing this rule.