Study On The Adjustment Of Anti-unfair Competition Law To Crawling Data Behavior

In the era of digital economy,data,as a key competitive factor,plays an important role in the development of Internet economy.For this reason,this paper expounds the problem of adjusting the unfair competition behavior of data capture,and adjusts the unfair competition behavior of data capture from the two aspects of "improper identification" and "rule design".Chapter 1: First,the basic situation of the behavior is described.From the perspective of legislation,this paper analyzes the limitation of the general provisions of the anti-unfair competition law.At the same time,at the judicial level,the problems of insufficient laws and self-regulation of the industry in violation of the "reptile agreement",the broad morality of the standards for the legitimacy of data grabbing and the lack of stop loss remedy system before litigation are discussed.Chapter 2: Focusing on the factors that should be considered when adjusting unfair competition behavior,this paper analyzes the key factors such as the constitution of "free ride" behavior,the interests protected by anti-unfair competition law and the relevant principles that benefit balance should follow,so as to provide theoretical support for the recognition of recognized business ethics and its legitimacy of data capture.Chapter 3: This paper summarizes the general characteristics of the illegitimacy of data fetching behavior from three aspects: the main body of the data fetching behavior,the behavior and the accountability of thedamage result,and combines the specific elements in the case and the recognized business ethics on the basis of the general characteristics,so as to comprehensively identify the illegitimacy of data fetching behavior after weighing the relevant interest elements.Chapter 4: Solve data fetching ACTS of unfair competition for further adjustment problem,in the rule level,put forward to increase data fetching ACTS of unfair competition type list and applicable situation,perfect in violation of the regulation of "the crawler agreement" grab industry self-discipline and build "stop loss" ban of litigation system and define the applicable conditions,in order to achieve the competition order of public interests,the interests of consumers and business operators weigh the maximization.