Research On The Regulation Of Anti Unfair Competition Law Based On Link Jump

The revision of the anti unfair competition law in 2017 [Revised at the 30 th meeting of the Standing Committee of the 12 th National People’s Congress on November 4,2017],the addition of Internet terms is one of the highlights.In order to deal with the increasingly complex situation of the Internet,the emergence of network terms not only defines the direction and ideas of regulating network unfair competition,but also provides a great guarantee for better standardizing the fair competition order of the Internet market.The first content of the Internet clause clearly points out the illegality of link jump behavior.However,by analyzing the relevant cases of link jump behavior in judicial practice,it can be found that the use frequency of copyright law in regulating link jump behavior is far greater than that of anti unfair competition law.Based on this,on the basis of clarifying the related concepts of link jump behavior,through the method of comparative analysis,this paper analyzes the shortcomings of copyright law regulating link jump behavior,highlights the advantages of anti unfair competition law regulating link jump behavior,and points out that using anti unfair competition law to regulate link jump behavior can achieve better effect of rights and interests protection.Based on the analysis of relevant cases,this paper summarizes the problems that hinder the implementation of laws and regulations in the process of applying anti unfair competition law to regulate link jump behavior in current judicial practice,and puts forward targeted improvement suggestions.This paper is divided into five parts:The first part expounds the background and significance of this paper,arranges and evaluates the domestic and foreign literature related to the regulation of link jump anti unfair competition law,and introduces the writing ideas of this paper,as well as the research methods and research innovations used in the writing process.The second part combs the basic concepts related to link jump.This part first clarifies the concept of link jump behavior,summarizes its behavior characteristics,and lays a theoretical foundation for subsequent research by clarifying the basic problems such as the concept and characteristics of link jump behavior.Secondly,it summarizes the typical forms of link jump behavior,and comprehensively analyzes the characteristics of each form of link jump behavior,so as to define the boundary of the research object of this paper.The third part is the comparative advantage of competition law in regulating link jump behavior.Firstly,from a comparative perspective,this part focuses on comparing the differences in content between the anti unfair competition law and the copyright law,summarizes the advantages and disadvantages of the two laws,and clarifies the applicable boundary of the two laws in regulating link jump behavior,so as to draw a conclusion that regulating link jump behavior is more appropriate to apply the anti unfair competition law.The fourth part analyzes and summarizes the existing problems of link jump regulated by anti unfair competition law.Firstly,it briefly introduces the case and judgment results of two typical cases regulating link jump behavior,and more intuitively shows the problems existing in judicial practice through the comparison of typical cases.Secondly,it analyzes several prominent difficulties in the regulation of link jump behavior by anti unfair competition law,such as the fuzzy application rules of network terms,the unclear elements of link jump behavior and the defects in legal relief.The fifth part is the suggestions for the improvement of the regulation of link jump behavior by the competition law.The first is to clarify the applicable standards of the regulation of link jump behavior by the anti unfair competition law,solve the problem of unclear application boundary of general terms and network terms,distinguish the boundary between technological innovation and unfair competition,and adjust the discretion scale of unfair competition disputes caused by link jump.The second is to clarify the constituent elements of link jump behavior,and clarify the specific contents of behavior subject,subjective aspect and objective aspect respectively.In addition,improve the legal liability system of link jump behavior from two aspects: the double punishment mechanism of administrative liability and civil liability and the optimization of the civil compensation system of link jump behavior.