Research On The Regulation Of Unfair Competition In Data Capture

With the rapid development of the digital economy,data information has become an important resource for the Internet market.More and more Internet companies use crawler technology to grab data collected or sorted by other operators without permission,grab benefits or enhance their own competition.Advantages,how to regulate this behavior poses a challenge to legal theory and judicial practice.Although the 2017 Anti-Unfair Competition Law(hereinafter referred to as the "Competition Law")added an "Internet Special Article" to meet the needs of social development,the "Internet Special Article" did not include improper data capture,and There are also obstacles to the application of the all-round provisions of this article.In judicial practice,judgments can only be made based on the general provisions of Article 2 of the law.However,data capture is not a competitive behavior expressly prohibited by the competition law,and using general terms as the path of judgment for this type of case still has many limitations.Therefore,it is necessary to combine existing theoretical research,based on existing judicial cases,summarize the court’s judgment ideas for such cases,and propose a perfect way to regulate the capture of improper data,in order to better regulate the order of Internet competition.Competitive laws governing improper data capture has a theoretical basis and a practical basis.Analyze the theoretical basis of the regulation of improper data capture from the perspective of property law and competition law: On the one hand,both civil law and intellectual property law provide ideas for regulating improper data capture,but in-depth analysis of the impact of civil law and intellectual property law on data Regulations are improper.The legal attributes of data are not clear,making it difficult for the property law to regulate improper data capture;data does not have the characteristics of trade secrets and works,and the logic of determining intellectual property laws and regulations is still insufficient.On the other hand,regulation through competition law can help prevent competitors from free-riding on data,gaining unearned attention,and then protecting the legitimate rights and interests of operators.From the perspective of judicial practice,use the collected cases as sample sources to sort out the court’s judgment rules for such cases,analyze the pros and cons of the widespread application of general terms,including the feasibility and limitations of the general terms regulatory model,and illegal data capture behavior It is not included in the Internet special articles,and there are many obstacles to the application of the comprehensive provisions.The limitations of the Internet special articles cannot be ignored.Sort out the court’s judgment thinking for this type of case,summarize and summarize the focus of the controversial issue of illegal data capture,and analyze the necessity of research on such issues from the perspective of judicial practice.Competitive laws governing improper data capture: On the one hand,it proposes legal regulations on improper data capture,adding specific enumeration clauses for improper data capture;improving the relevant justice for improper data capture Interpretation,especially the judicial interpretation of the principled provisions of Article 2 of the Competition Law;update the soft law norms in related fields,and realize a legal system that connects soft and hard laws.Avoid the dilemma of abuse of judges’ discretion and inconsistent judgment standards when the general terms are applied.On the other hand,it summarizes the optimal identification standards of competitive relationship and competitive behavior in cases of improper data capture from judicial practice.Specifically,the identification of competitive relationships and unfair competition behaviors can no longer be based on traditional standards,and needs to be comprehensively considered in the big data era of operators’ business areas,business types,service audiences,industry norms,business ethics and other factors.