Research On China's Anti-unfair Competition Legal Issues Under The Network Environment

The current competition in the field of Internet presents the melee mode, all kinds of new network ACTS of unfair competition. For nearly two years network cases of unfair competition and the court decision analysis, found that the ACTS of unfair competition as well as how to decide how to determine the amount of damages, has become the focus of such cases the most attention, but also become a key point in the trial practice. Practice, the judicial officers need to qualitative involved behavior based on facts and law, to punish illegal ACTS. However, because of the "anti-unfair competition law" is not perfect, make our judges can’t find the qualitative behavior of both according to the standard, also can not find to the offender punishment justice in trouble. Even if, the judges based on its rich trial experience and mastery of the accuracy of the specific case, the qualitative behavior made the right involved, but since there is no clear, strong operability of punishment standard, also can take into consideration the penalties, such penalties are often unable to effectively curb ACTS of unfair competition. In addition, due to network ACTS of unfair competition of technical, such characteristics as concealment, causing forensics difficulties in the judicial practice, also questioned the credibility of the evidence.Based on judicial practice reflects the above problems, the author thinks that it is necessary to carry out "the anti-unfair competition law" perfect: increase in "anti-unfair competition law" regulation of network against ACTS of unfair competition, and adopt scientific loss calculation standard of infringement, in judicial practice to make the new network ACTS of unfair competition laws to investigate and determine the compensation. At the same time, improve the system of electronic data acquisition, punitive damages, increase the deterrence of the judicial decision, effectively curb ACTS of unfair competition.