Research On The Judicial Regulation Of Big Data Unfair Competition

Our life has undergone great changes in the 21 st century.One of the protagonists leading this change is big data.The economic value,political value and social value of big data are rapidly becoming the focus of the whole society,the research and discussion of big data has also become a hot spot in the academic world.While enjoying the convenience,people should think about the risks,like the challenges in economic life and the current legal system.Due to the lack of a sufficiently clear and unified understanding of the element of big data,unfair competition cases involving big data are increasing day by day.Such disputes have exposed problems like the lack of understanding of big data and the different judgment standards in the judiciary.Therefore,this article combines the theoretical knowledge of unfair competition of big data with the review of judicial current situation for reflection.The first part of the article is an overview of the basic issues.To comprehensively understand the unfair competition of big data,we must have a clear understanding of big data.We should understand the basic concepts and classifications of big data and know the multiple application scenarios of big data through the classification of big data,then summarize three particularly typical forms of big data.The big data cases in recent years show that big data has two sides in terms of market competition.The useful economic value and right value of big data will impact the existing business competition pattern and change the existing business model.The anti-competitive nature of big data will bring obvious negative effects.This negative impact can affect both the individual consumer and business operators.Therefore,competition law needs to take the lead in responding to a series of problems posed by big data.The second part of the article is to demonstrate with detail why to intervene and how to regulate the negative actions of unfair match.The negative factors brought by big data are expounded through the consumers and operators,then analysis of the importance of protecting the rights and interests of these subjects.It should be emphasized that consumers have a special place on the Internet,personal information big data represented by users in the Internet has become an important asset that enterprises are competing for.Driven by digital dividends,the abuse of big data has also caused real difficulties to enterprise data security.All of them show that it is urgent to regulate the unfair competition of big data.However,analyzing the legal attributes of big data,it will be found that the current Civil Law is powerless to regulate it.Intellectual property law also cannot comprehensively include big data as its object of protection.The Anti-Unfair Competition Law has a congenital advantage in the nature of behavior law.It still has some shortcomings.The author places this deficiency in the analysis of Articles 2 and 12,they are also the two clauses that judges mainly use in adjudicating big data unfair competition cases in practice.The third part of the article is the judicial adjudication.By introducing two classic cases to extracts the main points of the current judicial adjudication.Then reflects on it to pave the way for the subsequent optimization of judicial paths.The author uses two very classic big data competition cases to determine the focus of judicial disputes.On the basis of carefully studying the court’s judgment,the author sorts out the focus theoretically,and analyzes the competition relationship,competition behavior of big data,the standards for determining competition damage and finally complete the induction of the main points of judicial judgment.By examining the main points,it can be found that the current adjudication concept still has the backwardness of the traditional logic based on private law.At the same time,judges have multiple understandings of business ethics in judging the standard of legitimacy of behavior.And the new revised Article 12 has the deviation of the legislative concept.As a result,Article 12 did not achieve a good interaction with Article 2,and did not reduce the frequency of judges citing Article 2.Moreover,due to the misunderstanding of the positioning of the competitive relationship,it is rare to see the elaboration of consumer interests and social public interests in the judgment.Even if it is mentioned,it lacks substantive consideration,which affects the realization of the legislative purpose of the Anti-Unfair Competition Law.The last part of the article is about suggestions,after the introduction of the three chapters we should focus on how to optimize the path of judicial.Article 2 of the Anti-Unfair Competition Law has played a vital role in judicial practice.So we should keep using it.The nature of behavioral in Anti-Unfair Competition Law determines to strengthen the objective evaluation of behaviors while weakening the consideration of the competitive relationship between competitors,and we need to pay more notices to the effect of market competition and the impact on the future development of the entire industry which are brought by behaviors.At the same time,individual users under the platform economy are also within the category of consumers.Although they are not directly involved in the process of competition,they are also protected objects.The damage suffered by consumers in the game of big data market competition is difficult to detect,and the damaged results are not easy to detect in time.Therefore,the multiple approach for future optimization is that the judiciary adopts a three-in-one adjudication idea,comprehensively considering the interests of different subjects,and effectively building a bridge between operators,consumers and social public interests.To achieve orderly regulation of unfair competition in the field of big data and effectively guarantee the realization of the interests.