Research On Legal Regulation Of Big Data Unfair Competition

After the outbreak of COVID-19 in 2020,people paid more attention to the construction of digital network,more and more consumption demand,production and life are transferred from offline to online,and big data is rapidly integrated into all aspects of our lives.But in the actual use of big data,especially in the process of grasping,analyzing and using big data,big data operators often involve unfair competition.On the basis of summarizing the research results of scholars on unfair competition of big data,this paper combs the current laws and regulations in China,and then combines with the current situation of regulating unfair competition of big data in China’s judicial practice,analyzes the problems such as inaccurate regulation objects,unclear evaluation standards,and imperfect application of laws;At the same time,we have carefully referred to the valuable experience and practices of foreign relevant laws,regulations and policies,critically absorbed them,and put forward suggestions suitable for China’s actual situation.The first part is introduction.Firstly,starting from case analysis,this paper introduces the application value of big data unfair competition;secondly,it explains the research status at home and abroad,focusing on the ownership of big data,unfair competition behavior and the application of law;as well as the research ideas,research methods and innovations of this paper.The second part analyzes the necessity of big data unfair competition.Firstly,it defines big data and its unfair competition;secondly,it analyzes the manifestations of big data unfair competition;finally,it shows the significance of regulating big data unfair competition.The third part,the current situation and problems of the regulation of big data unfair competition in China.On the basis of the above,this paper puts forward the problems existing in China’s current system,such as inaccurate regulation object of big data unfair competition,unclear evaluation standard,imperfect application of law,and analyzes the problems,The fourth part is the experience of regulating big data unfair competition.In view of the problems mentioned above,on the basis of certain theories,this paper gives specific references one by one from the regulation object,evaluation standard,application of law and other aspects of big data unfair competition.The fifth part is to improve the regulation path of big data unfair competition in China.Based on the above,this paper puts forward specific suggestions from the following aspects:clarifying the regulatory path of behavior regulation as the main and rights protection as the auxiliary,clarifying the evaluation standard of interest balance,and improving the legal application system of general norms and special norms,so as to better improve China’s regulation system of big data unfair competition.