Research On Legal Regulation Of Network Unfair Competition Behavior

With the increasing development of network technology and the gradual establishment of China’s market economic system,some illegal operators take advantage of the low cost and good concealment of the Internet to commit illegal acts such as make more profits,which undermines the market order and has a negative impact on the development of the Internet economy.Especially in recent years,with the development of information technology,the breadth and depth of the Internet economy have been continuously improved,and the dislocation of relevant systems has caused unfair competition in the market,which has seriously hindered the stable development of the network market.China’s Anti-Unfair Competition Law was officially promulgated and implemented in 1993 at first.At that time,the Internet was rarely used in the common field,and most people had not yet touched the Internet.Therefore,the unfair competition in the specific market of the Internet was not specifically stipulated in the legal provisions.This leads to the fact that when regulating or punishing the improper behaviors in the Internet market,the general provisions in Article 2 of the Anti-Unfair Competition Law can only be taken as the legal basis,and judges can make discretion in the specific judicial practice.However,the judgment made by the judge is determined by his subjective cognition,which makes the judgment results of many cases with similar elements quite different in judicial practice.It damages the authority of the law to a certain extent.In 2017,the State revised the Anti-Unfair Competition Law,adding special provisions on unfair competition in the Internet market,the main contents of which are included in Article 12.This revision is an important measure made by the state to improve the legal guarantee system of Internet economy from the perspective of regulating market competition and maintaining market order.Article 12 clearly regulates the application of unfair competition from traditional market in the Internet market,and regulates and constrains the unfair competition in the Internet that has appeared and will appear with high probability.With the increasingly fierce market competition and the continuous improvement of national legal awareness,the number of litigation cases involving unfair competition on the Internet in China has shown a very high growth rate in recent years.In judicial practice,there have also been litigation cases with great social influence,such as Qihoo v.Tencent case and Encyclopedia v.Baidu case.These cases take a long time from filing litigation to the final judgment,and the judgment result has caused some controversy in the society,which fully shows that the legal system in the field of unfair competition on the Internet in China needs to be improved.The judgment result is mostly made at the discretion of judges,which lacks the necessary legal basis.Therefore,the author believes that it is of practical significance to study the current legal regulation of unfair competition on the Internet and give targeted suggestions for standardizing the order of China’s Internet market and promoting the vigorous development of the network economy.