Analysis Of The Rules For Judging The Unfair Competition Behavior Of The Internet

In recent years,with the in-depth development of Internet technology,there have been more and more unfair competition disputes in the Internet environment,and there have been more and more types of unfair competition in the Internet field.More common are third parties.The software blocks pop-up ads on other websites,as well as advertisements on video websites,the blocking and blocking of sharing links,the interaction between different security software and the obstruction of normal use of functions,etc.These actions give the "Anti-Unfair Competition Law" Implementation has brought great challenges.The particularity of Internet technology itself determines that the new economic model of the Internet economy has challenges and problems that are very different from the traditional economic model.The complexity of its technology,the speed of communication,and the speed of innovation are all traditional forms of economic research.What has never been encountered before is the so-called basic decision structure and form,which has led to the emergence of new forms of unfair competition in the Internet field.In order to better guide the practice and solve the significant problems in practice,China newly revised and passed the "Anti-Unfair Competition Law of the People’s Republic of China" in 2018,which set up a special "Internet special article" in a combination of generalization and enumeration.But even so,judging from the implementation process of the new law in the future,it is not possible to fully cover all new acts and make everyone happy.Regarding how these behaviors in the Internet environment should be determined and whether they constitute unfair competition behaviors,in judicial practice,different cases have different evaluation standards,and the results obtained are also different.In order to more accurately determine whether an act belongs to the unfair competition in the Internet field,we need to first clarify the judgment standards reflected in the current legal provisions and judicial cases,and When there are several influencing factors in the case,there is a logical relationship between several different judgment standards in order to arrive at a specific judgment rule to guide practice.The standards of China’s current Anti-Unfair Competition Law in the determination of Internet unfair competition include competition order standards,damage results standards,and business ethics standards.Among them,business ethics is broad business ethics,including the principle of good faith.In addition,in judicial cases,subjective maliciousness and whether it can promote technological innovation and social progress are used as judgment criteria.This article uses empirical research methods,comparative analysis methods and other methods to analyze the criteria for determining unfair competition behaviors in the Internet environment.Taking the judicial cases in China’s judicial practice as the starting point,this article analyzes China’s judicial practice and domestic and foreign theoretical circles on this issue Mainstream doctrine,analyzes the different judgment standards that they embody,and in accordance with the legislative spirit and purpose of China ’s current Anti-Unfair Competition Law,a set of rules for determining unfair competition behaviors on the Internet is based on competition.Order is the fundamental standard,and the interests of the operators and consumers of both parties are measured.More attention is paid to protecting the interests of consumers.The actual damage results are used as the prerequisite for litigation.A supplementary set of rigorous and rigorous decision rules.