Research On Legal Regulation Of Traffic Hijacking Unfair Competition Behavior

The Internet economy is a traffic economy,and the competition among Internet enterprises also revolves around traffic,which leads to the frequent occurrence of traffic hijacking unfair behavior,which not only puzzles the order of market competition,but also hinders the innovation and development of Internet market.Therefore,effective regulation of traffic hijacking unfair competition behavior is of great significance to maintain the innovation and development of Internet economy.In the past,because of the flexibility of the general clause,it has become an important basis for determining that traffic hijacking has improper legitimacy,but with the increase of cases,the application of more and more lack of predictability,there is abuse of the situation,the general clause has been criticized.Internet provisions,which came into effect in 2018,attempt to clarify the determination of traffic hijacking,but there is a problem of insufficient coverage,behavior out of the legal category,in the argument may still invoke the general clause.In judicial practice,some applicable rules,such as avoidance principle,non-public interest non-interference principle,minimum privilege principle and benefit measurement principle,are summed up to further improve the identification of traffic hijacking.However,in the judicial practice,there are still the situation of protecting the interests of operators and consumers,mainly there are difficulties in identifying new traffic hijacking behavior,low application rate of pre-litigation ban,difficulty in obtaining evidence,insufficient compensation for the lack of protection of consumer interests.On the basis of foreign regulations,this paper puts forward to solve the above difficulties,such as studying American injunctive relief system,case law system and punitive damages system,studying German legislation and so on;perfecting the improper determination of traffic hijacking from the angle of legislation and judicature in our country,increasing the application rate of pre-litigation injunction in the field of unfair competition,setting up technical identification system in evidence and standardizing the collection of electronic data,and applying not only legal compensation but also discretionary compensation,especially punitive damages,in order to perfect the legal regulation of traffic hijacking.