Research On Identification Of Acts Of Unfair Competition In Data Crawling

The advancement of the digital economy and the development of the data field have not only brought welfare to society,but also caused a new form of competition,leading to increasingly serious problems of acts of unfair competition surrounding data crawling.However,the current mechanism for identifying acts of unfair competition in data crawling is still immature,and the laws and rules are not yet complete.It is urgent to start the research on the identification of related acts of unfair competition.It can be found that the identification of acts of unfair competition in data crawling in judicial practice mainly starts with the competition relations after systematically sorting out and analyzing cases.Then,with the application of business ethics standards and the definition of damaged interest,it can finally determine whether the acts of competition in data crawling is legitimate or not.There are misunderstandings in the current determination of identifying acts of unfair competition in data crawling,which makes it difficult to identify the legitimacy of competition acts.First of all,the competitive relations in the field of data crawling is different from the competition in traditional economic field.Unfair competition acts often occur between operators of different industries.At the same time,too much energy is often devoted to the identification of competitive relations in practice,while ignoring the judgment of the legitimacy of acts.Secondly,the business ethics standards in Anti-Unfair Competition Law do not incorporate the characteristics of the data field,which makes judges often unable to form a unified mode when applying them.The professionalism of the data field and the insufficient reasoning of judges affect the application of business ethics standards to the identification of unfair competition acts in data crawling.Finally,measuring the harmed interests is also a key step to identify whether data scrape is justified or not.Although the revised Anti-Unfair Competition Law clarifies the importance of consumer rights,the deep-rooted traditional thinking has often caused judges ignore the protection of consumer rights when identifying acts.The imbalance between the order of competition,the protection of operators’ rights and consumers’ rights are also one of the problems that exist in the measurement of damaged interests.In order to solve the above problems in the identification of unfair competition acts in data crawling: Firstly,the position of competition relations in acts identification should be downplayed,and the concept of the legitimacy for competition acts should be reshaped;secondly,the application of business ethics standards should be adjusted.The current technical factors in the data field must be integrated into business ethics standards,and competition rules should be extracted from typified cases.Meanwhile,strengthening the judge’s reasoning obligation in the process of identification is important.Finally,judges must use the principle of proportionality to balance the interests of society represented by order of competition,the interests of consumers and the interests of operators when identifying acts of competition in data crawling reasonably so that improving the perspective of interest protection.