Application Of The General Provisions Of The Anti-unfair Competition Act In New Cyber-unfair Competition Acts

With the continuous development of Internet economy,many new network unfair competition disputes have been aroused.The characteristics of the new network competition disputes,such as frequency,complexity and severity,make the legislative and judicial circles must attach great importance to this kind of unfair competition.The new anti unfair competition law,which was formally implemented on January 1,2018,hopes to achieve the goal of better regulation of new network unfair competition disputes by adding Article 12,"Internet terms".However,due to the content of the Internet terms has big defects,it can not regulate the new network unfair competition disputes very well.Therefore,those Internet competition disputes cases that can not be regulated by Article 12 still need to be resolved by the general terms of the anti unfair competition law.But in fact,when using the general terms to solve the new network competition cases,it will also face many problems,such as there is no unified recognition standard when using the general terms to determine the legitimacy of the sued competition behavior,there are many defects in the most commonly used business ethics standards in judicial practice,and the general terms are excessively applied.Therefore,if we want to make better use of the general terms to regulate the new network unfair competition,we must optimize the application of the general terms in the field of network.This essay begins with a more detailed explanation of the general terms in the context of the "Anti-Unfair Competition Law",explaining the concepts and characteristics of the general terms and the academic debate on the scope of the general terms.Interpretation of the revision of the general provisions of the Anti-Unfair Competition Law.Secondly,it discusses the necessity of Internet clauses under the background of frequent unfair competition in new networks,but the content design of the clauses is not very reasonable,which makes the clauses have greater limitations in the application process.The necessity of continued application of the terms in the new network unfair competition.Next,it summarizes the application of the general terms in the field of new-style competition in the Internet,and also summarizes the three main difficulties in the application of the general terms in the behavior of the new-type network competition.In the end,it puts forward the optimization path of general terms in dealing with new-type network dispute cases,points out that under the network background,the business ethics terms with obvious defects are no longer suitable as the criteria to judge the legitimacy of new-type network competition behavior,and fully demonstrates that the judicial practice can be converted to market effect standards to regulate new-type network illegal competition behavior.