Research On The Judicial Adjudication Of Unfair Competition Cases In The Field Of Mobile E-commerce

Due to the upgrade of competition mode which happened in mobile e-commerce,the abstractness of the general clause and the limitation of legislators'vision,the judges found it was difficult to trial in traditional ways.And it was also hard to use specific rules to deal with these competitive behaviors.So the litigants got different results in the same kind of cases.Therefore,it is of great significance to do a research on these judgments.The paper takes 59 judgments involving unfair competition in the field of mobile E-commerce as samples and makes an empirical analysis from the macro-perspective as well as a situation analysis from the micro-perspective.The research shows that it is difficult for the judges to clarify the relationship between the intellectual property law and the anti-unfair competition law.The judges not only have ambiguous attitudes towards competitive relation,but also have doubt about how to judge the unfair behaviors of competition.The question reflects in three points,including strong sense of morality,inadequate arguments and different standards.On this basis,the paper analyzes the main reasons causing these phenomena are the judges misread the theory of law application,the abstractness and morality of general clause affected the trial,and the lack of judicial argumentation as well as supporting mechanism led to the unfair judgments.Through the analysis,the paper puts forward some specific suggestions from three parts,including the clause,the judges and the supporting mechanism.More concretely,refining the general clause to reduce moral sense;enhancing the judges'self-discipline;raising the trial level of unfair competition cases;optimizing the digital evidence mechanism and establishing the case groups.China's new anti-unfair competition law was promulgated in November 4^th,2017.The study is based on the situation that the judges used previous the law to trial before the promulgation of new law.The new law improved the disadvantages of previous law.And the suggestions this paper proposed also agree with the new law.