Study On Anti-Unfair Competition Regulations In Data Grasping Behavior

How to effectively regulate data fetching behavior has become one of the most important legal issues in the era of big data.In judicial practice,Unfair competition is one of the most important ways to regulate data grabbing.However,there are also many specific legal issues that need to be further resolved.In this paper,we will study and discuss the regulation of data grabbing from the angle of Unfair competition regulation.The main ideas and contents of this paper are as follows:First,define the scope of "data" to be studied in this paper,and then analyze the particularity of the concept and mode of "data grabbing behavior",this paper establishes a logical foundation for the following analysis（the definition of the "data grabbing behavior" to be studied in this paper is made clear,and through the analysis of the implementation mode of the data grabbing behavior,the characteristics that have important influence on its regulation are summarized and summarized:mode concealment,technical fuzziness,low cost,low tort cost and wide influence）.Secondly,combining the basic theories（free rider theory,attention economy theory,consumer protection theory,etc.）,this paper expounds the necessity of applying Unfair competition to regulate data grabbing,this paper focuses on the analysis of the main legal problems existing in the application of the anti-Unfair Competition Law to regulate the act of data grabbing（the problems of the "general clause" of the anti-Unfair Competition Act,the adaptability of the "Internet Special Article",the identification standard of the "substantial substitution",the identification thinking of the competition relationship,the problems of the damage compensation mechanism,the confusion of the administrative law system and the insufficiency of the specialty of the administrative law enforcement,and the difficulties of the administrative judicial evidence collection）.Finally,on the basis of reference to the extraterritorial system and domestic research results,the main suggestions of this paper are as follows: constructing multiple standards for the application of "General Clause";The data grabbing behavior should be brought into the regulation scope of "Internet Special Article",the standard of "substantial substitution" should be made clear,the thinking of identifying the competition relationship should be changed,and the "pre-suit injunction mechanism" should be introduced we should perfect the mechanism of compensation for damages,perfect the system of administrative supervision and perfect the main body of supervision,train double-qualified administrative and judicial personnel,and professionalize the supervision and judicial personnel.