Research On The Regulation Of Anti Unfair Competition Law On Network Fake Traffic Behavior

Network fake traffic refers to the illegal behavior that has a negative effect on internet products or services through human interference.It is an illegal act of gaining an unfair competitive advantage by faking data relating to views,reads,downloads,positive reviews,etc.The network fake traffic behavior has the characteristics of artificial interference,concealment,scale and illegality.The existence of this behavior has given rise to a huge industrial chain and interest groups,producing significant adverse effects,and at the same time has aroused widespread concern from all sectors of society.It is a violation of the market rule of honest competition,which on the one hand infringes on the legitimate rights and interests of consumers and other operators,and on the other hand undermines the order of market competition,and therefore needs to be regulated through the Anti-Unfair Competition Law.However,there are difficulties in the process of application and supervision of the Anti-Unfair Competition Law,which leads to the inefficient implementation in regulating network traffic.This article adheres to the problem-oriented approach and analyzes the legitimacy and necessity of the Anti-Unfair Competition Law to regulate the fake data behavior as well as the existing dilemma,and puts forward targeted suggestions.In terms of structure,the article is divided into five parts:The first part is introduction.This paper introduces the research background,significance,current situation in China and abroad,research methods,key and difficulties and innovations of the regulation of Anti-Unfair Competition Law.Through the analysis of the first part,it can be seen that the Internet fake traffic behavior is a new type of competition that has emerged with the continuous development of Internet technology and the soundness of the market economy.The second part is an overview of network fake traffic behavior.The basic concept,behavior and expression of the network are analyzed in this part.Fake data behavior has various forms,which is difficult to summarize in detail.However,according to different standards,it can be divided into “artificial faking traffic behavior and technical faking traffic behavior”,“operator-oriented and competitor-oriented network faking traffic” and “faking data in ranking,quantitative and evaluation behavior".These three basic classifications are not mutually exclusive in practice,and there is a competition and cooperation relationship among them.The third part is the analysis of the necessity of the regulation of the Anti-Unfair Competition Law.At present,in addition to the Anti-Unfair Competition Law,other relevant legal norms can also regulate some market competition behaviors from different protection objects and different legislative purposes;The laws that may be applicable to the regulation of online brushing behavior include advertising law,consumer protection law and e-commerce law.However,they also have the problems of one-sided protection of interests and single means in regulating online faking act,so it is reasonable and necessary to use the Anti-Unfair Competition Law as the main legal regulation: on the one hand,the Anti-Unfair Competition Law,as a legal norm with the purpose of maintaining the order of fairness in the market,is applicable to violations of integrity and acts that undermines the order of market competition.The faking data behavior has the characteristics of damaging the legitimate rights and interests of consumers and other operators and disrupting the order of market competition,which conforms to the applicable objects and regulatory purposes of the Anti-Unfair Competition Law.On the other hand,compared with other relevant legal regulations,the Anti-Unfair Competition Law has the advantages of more comprehensive protection of legal interests,more diversified protection means and more concentrated protection power,and is able to conduct comprehensive and integrated analysis and regulation of online volume swiping,and is therefore more reasonable.The fourth part is the implementation dilemma of the regulation of Anti-Unfair Competition Law.This part focuses on the dilemma of the application of the law to online faking traffic behavior,mainly including: first,the application system of the law to online faking behavior is chaotic,which is manifested in the improper application of “General Provisions”,“false publicity provisions”,“commercial slander provisions” and “Internet special funds” in the Anti-Unfair Competition Law;second,the application path of the law of the faking behavior is characterized by “static”.In the process of the judicial application,the judges generally take the analysis path similar to the “four elements” of Tort Law for the purpose of maintaining “static competition”,and determine that it is illegal for operators to participate in market competition through the implementation of faking data.However,Anti-Unfair Competition Law is not the same as Tort Law,and the identification of Tort Law thinking applied to the field of Anti-Unfair Competition Law is neither in line with the laws of market competition,nor in line with the distinctive character of competition law;third,the competition regulation system of network faking behavior is poor.This includes problems such as weak penalties,single regulatory body and backward regulatory measures.The fifth part is the suggestions to improve the regulation of Anti-Unfair Competition Law.It includes: first,establish a scientific application level of the Anti-Unfair Competition Law of network faking traffic behavior.The article attempts to establish a standard application level with “false publicity clause” and “commercial slander clause” as the core,supplemented by “Internet special fund” and “general clause” as the bottom;The second is to build a “dynamic” identification path of unfair competition of online faking behavior.When determining the behavior,we should adhere to the legislative pattern of “free competition” and “fair competition” and establish the concept of “dynamic competition”,and on this basis,adopt the judgment method of “rights and interests protection” + “interest measurement”,so as to avoid falling into the relief thinking of “Tort Law”.The third is to improve the regulatory system conducted by the Anti-Unfair Competition Law.Specifically,it includes “the combination of increasing punishment and strengthening legalization control”,enriching supervision subjects,giving play to the dual supervision effectiveness of“government supervision” and “platform supervision”,enriching supervision measures,and improving the intelligent level of supervision.