Research On The Law Application Of The Network Unfair Competition Behavior

Compared with the Anti-Unfair Competition Law amended in 2017,in the newly enacted law,the content related to the acts of unfair competition on the Internet in Article 12 of this article has not been deleted.It is still of significance to explore whether this article continues the previous identification method.From the famous 3Q war between Beijing Qihoo Technology Co.,Ltd.and Tencent Computer before,and then to the case of unfair competition dispute between Beijing Baidu Company and Qingdao Aoshang Network Company,China’s unfair competition in the Internet has become increasingly fierce.In 2017,the Anti-Unfair Competition Law was amended to make the original provision of identifying online unfair competition acts in accordance with the basic principle of Article 2 of the article more similar.According to the existing laws,judges can judge whether the actions complained by the parties belong to the acts of unfair competition on the Internet based on the common situations of the acts of unfair competition on the Internet.From this aspect,the amendment of this regulation actually avoids the phenomenon that the principle of legislation is too strong and the operability is poor due to the excessive discretion of judges.This paper explores the applicable rules of the network unfair competition clauses based on the revised network clauses.Combined with the typical judicial cases in practice,starting with the causes,damage caused and the significance of typed analysis of unfair competition on the Internet,this paper expounds the applicable rules of typed clauses and principled clauses and how judges use typed clauses and principled clauses to explain,analyze and demonstrate the cases in practice.Finally,it summarizes the common problems in the practice of judges in dealing with the Internet unfair competition behavior,and puts forward suggestions on how to solve the above problems.In this paper,the author deeply explores the paradigm of online unfair competition and judicial cases at home and abroad,draws on advanced legal experience at home and abroad,and provides suggestions for Chinese judges in identifying new online unfair competition acts.Specific suggestions for Internet unfair competition are as follows:first,put an end to the application of the principle of "non-public essential non-interference";second,identify the subjective fault of operators under the framework of the principle;concretize the commercial connotation of the Internet;and redefine the legitimate rights.