Research On The Damage Of Internet Credit Speculation

The behavior of hype credit happen in the Internet consumption field,the rise of Internet technology has prompted a large number of traditional consumption scenarios to shift from offline to online.In traditional offline consumption scenarios,consumers can perceive the quality of goods or services on the spot,and make consumption decisions based on their own consumption capabilities and needs.In the context of Internet consumption,due to the cross-regional,anonymous,and virtual characteristics of Internet technology,consumers can only obtain information about the quality of goods or services through traffic conditions.Traffic conditions include transaction volume,page views,download and other forms.More traffic means more popular of goods and services,which proves their quality.The more traffic,the more confidence consumers can have in their consumption,and the more transaction opportunities operators can get for goods or services.Based on this,some operators hype credit to compete for traffic,which seriously affected the normal order of the market.China's anti-unfair competition law provides corresponding regulatory pathways for Hype Credit acts at the administrative,criminal,and civil levels,but Hype Credit has not been effectively curbed.The reasons include not only the continuous iteration of Hype Credit,the more complicated and concealed forms,the more precise the division of labor,but the inadequacy of anti-law provisions.Therefore,it is necessary to carry out a deeper study on Hype Credit from the perspective of competition law.The first chapter of this article explores the specific performance of Hype Credit,and characterizes it as unfair competition for false propaganda and slandering goodwill.Then it introduces the problems that need to be studied for Hype Credit.Firstly how to determine the behavior subject;secondly,it needs to study how to determine the victim;finally,it needs to study how to determine the amount of damage.The second chapter focuses on how to determine the subject of Hype Credit.Firstly,it points out that the anti-law restricts the subject of unfair competition behavior to the operator,leading to the dispute between the "subject qualification standard" and the "nature of conduct standard " in the concept of "operator",and then it advocates that due to the existence of the operating entity without qualification,who engages in business activities And the use of subject qualification standards as the basis for determining that the subject of speculation acts violates the principle of fairness,which causes the subject qualification standards to be defective,while at the same time,the nature of conduct standards are more conducive to the coordination of the legal system.what's more extra territorial experience also advocate the nature of conduct standards to determine the subject of Hype Credit.Finally,in combination with the practice of Hype Credit,the speculators and platforms who participate in the implementation of speculative behaviors are identified as the subjects of Hype Credit in accordance with the nature of conduct standards.The third chapter focuses on how to determine the victim of Hype Credit.The article first points out those different understandings of the purpose of anti-unfair competition law,the scope of the victims determined based on this are also different.Some studies have argued that anti-unfair competition law aims to protect competitors,and the corresponding victims should only include competitors or operators;while other research suggests that anti-unfair competition law aims to protect competition and those victims include consumers in addition to competitors.Out of the efficient view of competition and the requirements of the social law nature of anti-unfair competition,and it is advocated that the victim is determined based on the scope of protection competition.Then it continued to point out that different perceptions of the competitive relationship also determined the scope of the victim.There are two kinds of perceptions of the competitive relationship,one is the narrow competition relationship and the other is the general competition relationship.From the perspective of general competition relations,in addition to competitors in the same industry,the victims also include non-competitors.Due to the complexity of the object of unfair competition act damage and the anti-unfair competition law aim at protecting competition,this article argues that the subject of the victim should be determined from the perspective of general competition.Finally,in the case of Hype Credit,due to the competitive relationship between Internet platforms,competitors of speculation and the subject of Hype Credit,and the possibility that consumers' interests may be damaged by speculation,the above three types of subjects are all The victim of Hype Credit.The fourth chapter focuses on the determination of the amount of damages.The article first analyzes the damage caused by Hype Credit.to competitors,general consumers,and Internet platforms.It is believed that speculation may damage the fair competition rights and business reputation of competitors,and damage the information property rights of Internet platforms.Meanwhile Consumers may suffer property damage.Secondly,it analyzes the types of damage caused by Hype Credit,and divides the damage into direct damage and indirect damage.It also argues that damage to information property rights,business reputation,and consumer property damage caused by Hype Credit are direct damages,and competitors suffer.Fair competition damage is indirect damage.Finally,in combination with China's current anti-unfair competition damage calculation standards,specific suggestions for calculating actual losses,illegal profits and legal standards are put forward.