The Empirical Research On The Regulation Of Competition Law To Crawling Data Behavior

Nowadays,the popularity of the Internet continues to rise,and the competition in the Internet industry is gradually becoming fierce.Internet companies have begun to fight against each other for various resources.And crawling data behavior is a hot issue in the era of digital economy.Internet operators try to grab core resources and rob user groups of competitors,these behaviors resulting in unfair competition cases from time to time.On November 4th,2017,China revised and passed the “Anti-Unfair Competition Law of the People's Republic of China”,but this overhaul did not include unauthorized crawling data behavior,Chinese regulation system of crawling data behavior still needs to be improved.In order to regulate the competition order of the Internet market,and protect the legitimate rights of consumers and operators,this paper will research typical cases of crawling data behavior in judicial practice,analyze Chinese regulatory thoughts on unfair competition in crawling data behavior,and try to put forward suggestions to the regulation system on unfair competition in crawling data behavior.This paper analyzes mainly from the following parts:The first part is the introduction of typical cases about crawling data behaviors,and the analysis of the related focus issues.This section analyzes two typical cases of crawling data behavior comprehensively,which named “Sina Weibo v.Mai Mai Case” and “Dianping v.Baidu Case”,summarizes the following focus issues: the identification of unfair competition in crawling data behavior,the research on the legalization of crawling data behavior,and the improvement of regulatory system on unfair competition in crawling data behavior.The second part is the research on the identification of unfair competition in crawling data behavior.This section introduces the theoretical and practical basis of applying the Anti-Unfair Competition Law,at the same time,deconstructs this unfair competition behavior.The subject of this unfair competition behavior is the Internet operator who abuse technical means to crawl and use data of other operators with competitive relationship,the object is valuable data,this behavior is unauthorized or lack of justification causes,and has caused damage to the crawled party,the Internet and even consumers.The third part starts from the perspective of data compliance,studies the “legalization guidelines” of crawling data behavior,in order to guide Internet companies to carry out relevant data compliance works.In addition to laws,regulations and business ethics,Internet companies should also abide by the Open API agreement and robots exclusion protocol.It's also necessary for Internet companies to pay more attention to consumers' right of personal information,copyright,right to know and free choice,operators' business secrets,legitimate operating results,and social public interest.The fourth part aims at the current status of Chinses regulations on unfair competition in crawling data behavior,and seeks to improve Chinses regulatory system for Internet unfair competition behaviors.The regulatory entities should be professional and diversified,the regulatory measures should be carried out in three aspects: prevention in advance,control in the process and punishment after the event.The legal responsibility should be further clarified to ensure that the relief of all parties is implemented.