Research On Legal Regulations Of Unfair Competition By Internet Operators

The development of Internet information technology has changed our way of life,but also changed the competition behavior patterns of Internet operators,resulting in the frequent occurrence of various forms of unfair competition cases in the Internet field.The newly added “Internet Terms” in the newly revised“Anti-Unfair Competition Law” in 2018 has played a certain regulatory role in the occurrence of unfair practices in Internet operations,and provided corresponding legal basis for judicial trials of Internet unfair competition cases.However,due to the rapidly changing characteristics of the Internet,the identification of competition relationships,the determination of unfair competition behaviors,and the liability for damages in Internet operations are still not perfect,and they cannot meet the practical needs,resulting in these issues have not been effectively and effectively in judicial practice.solve.This article uses three judicial cases as the research object,puts forward three focus issues that need to be discussed in depth in the unfair competition behavior of Internet operators,and conducts legal analysis,and proposes corresponding improvement suggestions based on the conclusions.Judicial decisions provide the basis.Apart from the introduction to this article,the text is divided into three parts.The first part is the brief introduction and focus of the case.Through the analysis of the case,three focus issues are put forward,namely,the identification of the competitive relationship in the Internet operation,the identification of the unfair competition in the Internet operation,and the liability for compensation for the damage of the unfair competition in the Internet operation.The second part is the legal analysis of the focus issues.First,it analyzes the identification of "competitive relations" in unfair competition behavior,discusses theconnotation and characteristics of Internet operators,and further analyzes the identification of "competitive relations in the Internet field" in unfair competition behaviors.Secondly,it summarizes the main types of unfair competition behaviors of Internet operators.On the basis of the types of unfair competition behaviors,it analyzes how the "integrity principles and business ethics" and "consumer interests" should be applied in determining unfair competition behaviors..Finally,through the two aspects of the basic principle of liability for damages and the determination of the amount of compensation,the liability for damages due to unfair competition in Internet operations is analyzed,and the solution is discussed.The third part is the research conclusion and improvement suggestions.This article regards the generalized competition relationship as the basis for determining the unfair competition behavior of Internet operators.On this basis,the identification standards for unfair competition in Internet operations are clarified,and the types of damage liability and compensation scope in Internet operations are clarified.Finally,it puts forward suggestions for improvement in legislative,judicial and administrative aspects.