Research On Anti-Unfair Competition Law Regulation Of Data Crawling In China

Under the background of digital economy,data crawling has become an important way to circulate resources.Due to the scarcity of Internet data resources,crawler technology not only facilitates the exchange of information between platforms,but also leads to frequent unfair competition.In the case of the failure of the market regulation mechanism,in order to stabilize the order of platform operations,relevant acts shall be governed through the Anti-Unfair Competition Law.Based on the above background,this paper is divided into the following five parts for analysis and research.The first part explains the basic connotation of data and data crawling,and analyzes the impact of this behavior on market competition from the perspective of operation mechanism.In the network environment,reasonable data crawling is conducive to improving retrieval efficiency and promoting data circulation.The order of fair competition in the market can be severely impaired by improper data scraping,thus necessitating guidance and regulation of such behavior.The second part demonstrates the feasibility of the Anti-Unfair Competition Law to govern data scraping.The difficulty in defining data ownership makes it difficult for the traditional private regulation model to be sustainable,and although the IP protection path is realistic,there are also many problems such as the determination of originality.In contrast,the legislative concept of "competition order first" and the legislative model of "generalization + enumeration" of the Anti-Unfair Competition Law are more in line with the requirements of platform data governance and protection,and provide the possibility to regulate unfair data crawling.The third part is to sort out the current situation and problems of data crawling behavior.On the one hand,legislation has natural stability,but the form of improper data crawling will continue to change with the development of the times,resulting in defining obstacles such as data ownership,competition relationship,and competitive damage at the rule level.On the other hand,legislation is inherently abstract,which makes the standard of legitimacy in practice have a tendency to be pan-moralized,and the relevant normative system urgently needs to reach further consensus.The fourth part analyzes the experience and enlightenment of the governance data capture behavior of countries outside the region.As a civil law country,Germany emphasizes a fair orientation,adheres to the principle of proportionality in the priority protection of the competition order,and emphasizes the balance of interests in individual cases;Leading by the United States,common law countries prioritize efficiency,recognize the economic worth of data transmission,strive for minimal interference in competition,and generally construct a regulatory path based on scenario-based data crawling.The fifth part,based on China’s anti-unfair competition regulatory framework,proposes a perfect path for data crawling governance.First,the applicable regulations should be refined and a collaborative governance of data scraping behavior should be constructed.The Anti-Unfair Competition Law of the modern era has established a value-oriented approach,which necessitates a modification of competition relations in order to identify illegality;In addition,the essence of data crawling disputes is a conflict of interest between various parties,and the interest measurement standards are different in different scenarios,so the data classification and grading system should be improved to achieve the integration of "the value of the law and the technology of the law".