Research On The Reduced Application Of Full Compensation Principle

The computer with its thunderbolt, overwhelming as the impact of every industry in society, deep into every corner.①With the rapid development of computer technology and the rapid advance of the Internet age, making the industrial society is striding into the Internet era. The advent of the Internet era, to the human society has brought a lot of convenience, but also in the anti-illegal areas to bring new challenges.With the development of today’s society and economy and the continuous progress of science and technology, in the field of Internet has produced many new forms of network competition. These Internet-based competitive behavior because of its technology forward-looking, to take the way to regulate the issue has always been China’s judicial practice in urgent need to solve the problem. The current Anti-Unfair Competition Act of our country was implemented in the early 1990s, and its purpose was to create a fair competitive environment for the market to combat and control unfair competition in the market, thereby maintaining the market Stability, to protect the interests of consumers. Now in the Internet and mobile Internet as the main carrier of the Internet field, the face of complex business of unfair competition, the limitations of the law will be obvious. As a result of the practice has also proved that the traditional way of thinking and technical means can not completely handle these disputes, so the Beijing High Court of the judges in the trial Baidu v. 360 unfair competition disputes in the case of compliance with the development requirements of the times The non-public interest must not interfere with, in order to solve these emerging lawsuit.The law has an inherent lag, and at the time of its promulgation, even if it is possible to consider the economic development of the future society as much as possible, it is impossible to consider all the circumstances of the future society in detail, and the competition law promulgated in the 1990s Today, the Internet will develop so rapidly and will not provide an effective solution to the dispute in today’s Internet environment.Therefore, in the judicial practice, our judges summarize the various cases and make reference to the various departments’ laws. To solve the current social complex Internet unfair competition litigation. Non-public interest need not interfere with the principle of not only in the case of anti-unfair competition law has its applicable space, that is, in February 2016 issued anti-unfair competition law proposed draft implementation of the case also has its applicable space, Because any specific legal provision can not enumerate the complex situation in real life, the society in which we live is always new and will not follow our rehearsal,so there will be a lot of things we can not imagine, and Such a dispute is unrealistic only by the law of the introduction,and a relatively general legal principle is needed to regulate the dispute that will arise in future life, rather than the need for public interest, which does not interfere with the principle just to meet this demand The In the future social life we have to do is not to abandon this abstract legal principles, but as much as possible the details of the application of this principle, so that it can be applied to a variety of complex cases.Non-public interest must not interfere with the inherent core of the principle is to maintain the market competition order, against the unfair competition in the market behavior and improper interference behavior, respect for the user’s own choice, prohibit the network service provider through the behavior of induction over the user, As the real implementers of user choice, for these acts also carried out the "public needs necessary"exception. In the case of diversification of social interests today, seeking the balance between them is always our goal. Non-public interest must not interfere with the principle of the interests of the operator, the interests of consumers and the public interest of the same high degree of attention and protection is very worthy of recognition and support, not only to protect the interests of all parties and balance, the same order to maintain competition And encourage Internet technology innovation has an important role.