Research On The Legal Regulation Of Unfair Competition In The Crawling User Data

The rapid development of digital economy has been promoting the update and change of the traditional ethical,law and policy of human society.In the information age.data has penetrated into all fields of life,which has a major impact on the production and lifestyle of human society.For data operators,seizing data resources has become a powerful weapon to enhance their competitive advantage and protect their operating interests.At the same time,the competition chaos of the data industry is gradually exposed.From the data dispute between Tencent and Huawei to the case of Sina Weibo case,unfair competition cases are frequent.But China's current legal regulatory system,only article 2 of the Anti-Unfair Competition Law has carried out a bottom-up general regulation,It does not make clear provisions on the determination of competition relations,the definition of data ownership,and the determination of the unfairness of competition acts.This not only bring uncertainty to judicial practice cases,but also provide opportunities for data competitors to obtain data by improper means in the market.In views of the above problems,if the unfair competition of data is not regulated,the battle for data in the future will intensify and lead to disorderly data competition.Regulating data ownership and competitive behavior has become a basic theoretical problem that needs to be solved urgently in the information age.Based on this,this article intends to proceed from the future development needs of China's Internet companies,based on the basic characteristics of unfair competition in the crawling user data,specifically analyze the different data protection models,explore reasonable,legal.fair and efficient data protection and utilization methods,in order to find a balance between promoting the healthy development of the data industry and building a secure and orderly network environment.This article will make an analysis from the following four parts:Chapter1:This chapter mainly introduces the concept,characteristics and harmful consequences of unfair competition in the crawling user data.unfair competition in the crawling user data means to capture users' data that has commercial value to other operators,which can essentially replace the products or services of other operators.It has the characteristics of high concealment,low cost,and behavior that can replace other operators' products or services.In terms of harmful consequences,the behavior often causes serious losses to the data owner and the consequences of damage are difficult to calculate.Chapter2:This chapter mainly analyzes the theoretical basis of the unfair competition in the crawling user data by competition law.From the three angles of"free-riding theory","data information property theory and "protection of consumer rights and interests theory" provide a solid theoretical basis for competition law to regulate the unfair competition in the crawling user data.In addition,from the two aspects of the necessity of competition regulation and the foundation of judicial practice,the unfair competition in the crawling user data has further analyzed.Chapter3:This chapter mainly analyzes the existing problems of the unfair competition in the crawling user data.From the legal system,China's Anti-Unfair Competition Law currently has the problems of the lack regulations and the limitations on the unfair competition in the crawling user data of general provisions.In the aspect of stop loss and damage compensation.the lack of a pre-litigation injunction system led to the further expansion of damage and the imperfection of the liability system for damages.In addition,problems such as mutual excuses in the field of administrative supervision,regulatory gaps,and chaotic supervision of administrative subjects have not been solved.Chapter4:This chapter puts forward legal regulation suggestions for the unfair competition in the crawling user data.First of all,in improving the legislative system,this article proposes enumerated specific clauses to increase user data capture of the unfair competition in the crawling user data,clarifies its constituent elements so as to avoid legislative intrusion caused by the application of general clauses,excessive judge discretion and adjudication standards disadvantages.Secondly,in improving the liability mechanism for damages,this article is based on China's judicial practice and draws on relevant foreign legislative experience.It is proposed that the regulation of the unfair competition in the crawling user data should be introduced into the pre-litigation injunction system to prevent further losses in the lawsuit.It also puts forward feasible and perfect suggestions for the damage compensation mechanism.Finally,this article proposes that the administrative departments should continue to improve the level of law enforcement,improve the supporting supervision system,cooperate closely with the judicial activities of the judicial organs,and effectively shoulder the heavy responsibility of maintaining the order of market competition.