Research On Legal Regulation Of Unfair Data Competition

With the development of big data,cloud computing and other technologies,data has become the core competitiveness of Internet companies in the operation process.At present,a large number of cases of unfair competition related to data have been generated at home and abroad,and the problems reflected in these cases have brought many challenges to the study of lawThis article combines the typical cases in the judicial trial practice and the current theoretical.research results,starting from the general provisions of the "Anti-Unfair Competition Law" and the Internet Special Regulations" regulation model,analyzes the advantages and disadvantages of the two types of regulation models.The shortcomings,analysis of the crux and difficulties of the current two regulatory models.The purpose of this research is to base on the current legal regulatory model,to regulate the unfair competition of data among Internet enterprises more effectively,to maintain a fair and orderly Internet data competition environment to better protect interests of Internet operators,and The prosperity and development of China’s Internet industry.In addition to the conclusion the full text is divided into five parts.The content of each part can be summarized as follows:The first part is the introduction of this article,focusing on the research background,current research situation at home and abroad,as well as the research ideas and writing methods of this article.The second part is the practical investigation of data unfair competition disputes.Introduce the three typical cases of the empirical research in this article.Through the introduction of the typical cases,analyze the focus of disputes in the current data of unfair competition cases.The third part is the inadequacy of the regulation path of unfair competition.There are two main approaches to the current unfair regulation of data:the general provisions of the "Anti-Unfair Competition Law" and the "Internet Specific Regulations" regulation model.Analyze the deficiencies of the two regulatory modelsThe fourth part of the data should be the way out of unfair competition regulations.Starting from two main regulatory models,this paper analyzes the main controversial focus in the judicial trial of data unfair competition,based on specific cases,and discusses the determination of unfair competition and the proper way to define the legal attributes of data.And put forward supporting measures for the regulation of data unfair competition,with a view to more effective regulation of data unfair competition.